S.B. 2

1

PUBLIC EDUCATION BUDGET AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lyle W. Hillyard
5 House Sponsor: Melvin R. Brown
6
7 LONG TITLE
8 General Description:
9 This bill supplements or reduces appropriations previously provided for school districts,
10 charter schools, and certain state education agencies for the fiscal year beginning July 1,
11 2012 and ending June 30, 2013, and modifies related budgetary provisions.
12 Highlighted Provisions:
13 This bill:
14 . provides budget increases and decreases for the use and support of certain state
15 education agencies;
16 . provides budget increases and decreases for programs that support school districts
17 and charter schools;
18 . provides a distribution formula for the appropriation for Teacher Supplies and
19 Materials;
20 . provides intent language;
21 . modifies the guarantee dollar amount per weighted pupil unit for the voted leeway
22 and board-authorized leeway programs;
23 . sets the estimated minimum basic tax rate at .001665 for fiscal year 2012-13;
24 . establishes the value of the weighted pupil unit for fiscal year 2012-13 at:
25 . $2,607 for the special education and career and technology add-on programs;
26 and
27 . $2,848 for all other programs; and

28 . makes technical changes.
29 Money Appropriated in this Bill:
30 This bill appropriates for fiscal year 2012-13:
31 . $45,000,000 from the Uniform School Fund;
32 . $71,285,700 ongoing from the Education Fund;
33 . ($37,000,000) one-time from the Education Fund; and
34 . $34,148,900 from various sources as detailed in this bill.
35 Other Special Clauses:
36 This bill takes effect on July 1, 2012.
37 This bill coordinates with H.B. 1, Public Education Base Budget Amendments, by
38 providing superseding substantive amendments.
39 Utah Code Sections Affected:
40 AMENDS:
41 53A-17a-133, as last amended by Laws of Utah 2011, Chapters 364 and 371
42 53A-17a-134, as last amended by Laws of Utah 2011, Chapters 342 and 371
43 53A-17a-135, as last amended by Laws of Utah 2011, Chapter 7
44 Utah Code Sections Affected by Coordination Clause:
45 53A-17a-135, as last amended by Laws of Utah 2011, Chapter 7
46 Uncodified Material Affected:
47 ENACTS UNCODIFIED MATERIAL
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 53A-17a-133 is amended to read:
51 53A-17a-133. State-supported voted local levy authorized -- Election
52 requirements -- State guarantee -- Reconsideration of the program.
53 (1) An election to consider adoption or modification of a voted local levy is required if
54 initiative petitions signed by 10% of the number of electors who voted at the last preceding
55 general election are presented to the local school board or by action of the board.
56 (2) (a) (i) To impose a voted local levy, a majority of the electors of a district voting at
57 an election in the manner set forth in Subsections (8) and (9) must vote in favor of a special
58 tax.

59 (ii) The tax rate may not exceed .002 per dollar of taxable value.
60 (b) Except as provided in Subsection (2)(c), in order to receive state support the first
61 year, a district must receive voter approval no later than December 1 of the year prior to
62 implementation.
63 (c) Beginning on or after January 1, 2012, a school district may receive state support in
64 accordance with Subsection (3) without complying with the requirements of Subsection (2)(b)
65 if the local school board imposed a tax in accordance with this section during the taxable year
66 beginning on January 1, 2011 and ending on December 31, 2011.
67 (3) (a) In addition to the revenue a school district collects from the imposition of a levy
68 pursuant to this section, the state shall contribute an amount sufficient to guarantee [$25.25]
69 $27.36 per weighted pupil unit for each .0001 of the first .0016 per dollar of taxable value.
70 (b) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar
71 of taxable value under Subsection (3)(a) shall apply to the portion of the board local levy
72 authorized in Section 53A-17a-164 , so that the guarantee shall apply up to a total of .002 per
73 dollar of taxable value if a school district levies a tax rate under both programs.
74 (c) (i) Beginning July 1, [2011] 2013, the [$25.25] $27.36 guarantee under Subsections
75 (3)(a) and (b) shall be indexed each year to the value of the weighted pupil unit for the grades 1
76 through 12 program by making the value of the guarantee equal to.010544 times the value of
77 the prior year's weighted pupil unit for the grades 1 through 12 program.
78 (ii) The guarantee shall increase by .0005 times the value of the prior year's weighted
79 pupil unit for the grades 1 through 12 program for each succeeding year subject to the
80 Legislature appropriating funds for an increase in the guarantee.
81 (d) (i) The amount of state guarantee money to which a school district would otherwise
82 be entitled to receive under this Subsection (3) may not be reduced for the sole reason that the
83 district's levy is reduced as a consequence of changes in the certified tax rate under Section
84 59-2-924 pursuant to changes in property valuation.
85 (ii) Subsection (3)(d)(i) applies for a period of five years following any such change in
86 the certified tax rate.
87 (e) The guarantee provided under this section does not apply to the portion of a voted
88 local levy rate that exceeds the voted local levy rate that was in effect for the previous fiscal
89 year, unless an increase in the voted local levy rate was authorized in an election conducted on

90 or after July 1 of the previous fiscal year and before December 2 of the previous fiscal year.
91 (4) (a) An election to modify an existing voted local levy is not a reconsideration of the
92 existing authority unless the proposition submitted to the electors expressly so states.
93 (b) A majority vote opposing a modification does not deprive the district of authority to
94 continue the levy.
95 (c) If adoption of a voted local levy is contingent upon an offset reducing other local
96 school board levies, the board must allow the electors, in an election, to consider modifying or
97 discontinuing the imposition of the levy prior to a subsequent increase in other levies that
98 would increase the total local school board levy.
99 (d) Nothing contained in this section terminates, without an election, the authority of a
100 school district to continue imposing an existing voted local levy previously authorized by the
101 voters as a voted leeway program.
102 (5) Notwithstanding Section 59-2-919 , a school district may budget an increased
103 amount of ad valorem property tax revenue derived from a voted local levy imposed under this
104 section in addition to revenue from new growth as defined in Subsection 59-2-924 (4), without
105 having to comply with the notice requirements of Section 59-2-919 , if:
106 (a) the voted local levy is approved:
107 (i) in accordance with Subsections (8) and (9) on or after January 1, 2003; and
108 (ii) within the four-year period immediately preceding the year in which the school
109 district seeks to budget an increased amount of ad valorem property tax revenue derived from
110 the voted local levy; and
111 (b) for a voted local levy approved or modified in accordance with this section on or
112 after January 1, 2009, the school district complies with the requirements of Subsection (7).
113 (6) Notwithstanding Section 59-2-919 , a school district may levy a tax rate under this
114 section that exceeds the certified tax rate without having to comply with the notice
115 requirements of Section 59-2-919 if:
116 (a) the levy exceeds the certified tax rate as the result of a school district budgeting an
117 increased amount of ad valorem property tax revenue derived from a voted local levy imposed
118 under this section;
119 (b) the voted local levy was approved:
120 (i) in accordance with Subsections (8) and (9) on or after January 1, 2003; and

121 (ii) within the four-year period immediately preceding the year in which the school
122 district seeks to budget an increased amount of ad valorem property tax revenue derived from
123 the voted local levy; and
124 (c) for a voted local levy approved or modified in accordance with this section on or
125 after January 1, 2009, the school district complies with requirements of Subsection (7).
126 (7) For purposes of Subsection (5)(b) or (6)(c), the proposition submitted to the
127 electors regarding the adoption or modification of a voted local levy shall contain the following
128 statement:
129 "A vote in favor of this tax means that (name of the school district) may increase
130 revenue from this property tax without advertising the increase for the next five years."
131 (8) (a) Before imposing a property tax levy pursuant to this section, a school district
132 shall submit an opinion question to the school district's registered voters voting on the
133 imposition of the tax rate so that each registered voter has the opportunity to express the
134 registered voter's opinion on whether the tax rate should be imposed.
135 (b) The election required by this Subsection (8) shall be held:
136 (i) at a regular general election conducted in accordance with the procedures and
137 requirements of Title 20A, Election Code, governing regular elections;
138 (ii) at a municipal general election conducted in accordance with the procedures and
139 requirements of Section 20A-1-202 ; or
140 (iii) at a local special election conducted in accordance with the procedures and
141 requirements of Section 20A-1-203 .
142 (c) Notwithstanding the requirements of Subsections (8)(a) and (b), beginning on or
143 after January 1, 2012, a school district may levy a tax rate in accordance with this section
144 without complying with the requirements of Subsections (8)(a) and (b) if the school district
145 imposed a tax in accordance with this section at any time during the taxable year beginning on
146 January 1, 2011, and ending on December 31, 2011.
147 (9) If a school district determines that a majority of the school district's registered
148 voters voting on the imposition of the tax rate have voted in favor of the imposition of the tax
149 rate in accordance with Subsection (8), the school district may impose the tax rate.
150 Section 2. Section 53A-17a-134 is amended to read:
151 53A-17a-134. Board-approved leeway -- Purpose -- State support -- Disapproval.

152 (1) Except as provided in Subsection (9), a local school board may levy a tax rate of up
153 to .0004 per dollar of taxable value to maintain a school program above the cost of the basic
154 school program as follows:
155 (a) a local school board shall use the money generated by the tax for class size
156 reduction within the school district;
157 (b) if a local school board determines that the average class size in the school district is
158 not excessive, it may use the money for other school purposes but only if the board has
159 declared the use for other school purposes in a public meeting prior to levying the tax rate; and
160 (c) a district may not use the money for other school purposes under Subsection (1)(b)
161 until it has certified in writing that its class size needs are already being met and has identified
162 the other school purposes for which the money will be used to the State Board of Education
163 and the state board has approved their use for other school purposes.
164 (2) (a) The state shall contribute an amount sufficient to guarantee [$25.25] $27.36 per
165 weighted pupil unit for each .0001 per dollar of taxable value.
166 (b) The guarantee shall increase in the same manner as provided for the voted local
167 levy guarantee in Subsection 53A-17a-133 (3)(c).
168 (c) (i) The amount of state guarantee money to which a school district would otherwise
169 be entitled to under this Subsection (2) may not be reduced for the sole reason that the district's
170 levy is reduced as a consequence of changes in the certified tax rate under Section 59-2-924
171 pursuant to changes in property valuation.
172 (ii) Subsection (2)(c)(i) applies for a period of five years following any such change in
173 the certified tax rate.
174 (d) The guarantee provided under this section does not apply to:
175 (i) a board-authorized leeway in the first fiscal year the leeway is in effect, unless the
176 leeway was approved by voters pursuant to Subsections (4) through (6); or
177 (ii) the portion of a board-authorized leeway rate that is in excess of the
178 board-authorized leeway rate that was in effect for the previous fiscal year.
179 (3) The levy authorized under this section is not in addition to the maximum rate of
180 .002 authorized in Section 53A-17a-133 , but is a board-authorized component of the total tax
181 rate under that section.
182 (4) As an exception to Section 53A-17a-133 , the board-authorized levy does not

183 require voter approval, but the board may require voter approval if requested by a majority of
184 the board.
185 (5) An election to consider disapproval of the board-authorized levy is required, if
186 within 60 days after the levy is established by the board, referendum petitions signed by the
187 number of legal voters required in Section 20A-7-301 , who reside within the school district, are
188 filed with the school district.
189 (6) (a) A local school board shall establish its board-approved levy by April 1 to have
190 the levy apply to the fiscal year beginning July 1 in that same calendar year except that if an
191 election is required under this section, the levy applies to the fiscal year beginning July 1 of the
192 next calendar year.
193 (b) The approval and disapproval votes authorized in Subsections (4) and (5) shall
194 occur at a general election in even-numbered years, except that a vote required under this
195 section in odd-numbered years shall occur at a special election held on a day in odd-numbered
196 years that corresponds to the general election date. The school district shall pay for the cost of
197 a special election.
198 (7) (a) Modification or termination of a voter-approved leeway rate authorized under
199 this section is governed by Section 53A-17a-133 .
200 (b) A board-authorized leeway rate may be modified or terminated by a majority vote
201 of the board subject to disapproval procedures specified in this section.
202 (8) A board levy election does not require publication of a voter information pamphlet.
203 (9) Beginning January 1, 2012, a local school board may not levy a tax in accordance
204 with this section.
205 Section 3. Section 53A-17a-135 is amended to read:
206 53A-17a-135. Minimum basic tax rate -- Certified revenue levy.
207 (1) (a) In order to qualify for receipt of the state contribution toward the basic program
208 and as its contribution toward its costs of the basic program, each school district shall impose a
209 minimum basic tax rate per dollar of taxable value that generates [$284,221,713] $289,021,900
210 in revenues statewide.
211 (b) The preliminary estimate for the [2011-12] 2012-13 minimum basic tax rate is
212 [.001628] .001665.
213 (c) The State Tax Commission shall certify on or before June 22 the rate that generates

214 [$284,221,713] $289,021,900 in revenues statewide.
215 (d) If the minimum basic tax rate exceeds the certified revenue levy as defined in
216 Section 53A-17a-103 , the state is subject to the notice requirements of Section 59-2-926 .
217 (2) (a) The state shall contribute to each district toward the cost of the basic program in
218 the district that portion which exceeds the proceeds of the levy authorized under Subsection
219 (1).
220 (b) In accord with the state strategic plan for public education and to fulfill its
221 responsibility for the development and implementation of that plan, the Legislature instructs
222 the State Board of Education, the governor, and the Office of Legislative Fiscal Analyst in each
223 of the coming five years to develop budgets that will fully fund student enrollment growth.
224 (3) (a) If the proceeds of the levy authorized under Subsection (1) equal or exceed the
225 cost of the basic program in a school district, no state contribution shall be made to the basic
226 program.
227 (b) The proceeds of the levy authorized under Subsection (1) which exceed the cost of
228 the basic program shall be paid into the Uniform School Fund as provided by law.
229 Section 4. One-time appropriation for classroom supplies.
230 (1) (a) The State Board of Education shall distribute money appropriated for Teacher
231 Supplies and Materials to classroom teachers in school districts, the Utah Schools for the Deaf
232 and the Blind, and charter schools on the basis of the number of classroom teachers in each
233 school as compared to the total number of classroom teachers.
234 (b) Teachers shall receive up to the following amounts:
235 (i) a teacher on salary schedule steps one through three teaching in grades kindergarten
236 through 6 or preschool handicapped - $250;
237 (ii) a teacher on salary schedule steps one through three teaching in grades 7 through
238 12 - $200;
239 (iii) a teacher on salary schedule step four or higher teaching in grades kindergarten
240 through 6 or preschool handicapped - $175; and
241 (iv) a teacher on salary schedule step four or higher teaching in grades 7 through 12 -
242 $150.
243 (c) If the appropriation is not sufficient to provide to each teacher the full amount
244 allowed under Subsection (1)(b), teachers on salary schedule steps one through three shall

245 receive the full amount allowed with the remaining money apportioned to all other teachers.
246 (2) Teachers shall spend money appropriated for classroom supplies and materials for
247 school supplies, materials, or field trips under rules adopted by the State Board of Education.
248 (3) As used in this section, "classroom teacher" or "teacher" means permanent teacher
249 positions filled by one teacher or two or more job-sharing teachers:
250 (a) who are licensed personnel;
251 (b) who are paid on the teacher's salary schedule;
252 (c) who are hired for an entire contract period; and
253 (d) whose primary function is to provide instructional or a combination of instructional
254 and counseling services to students in public schools.
255 Section 5. Appropriations for state education agencies and programs that support
256 school districts and charter schools -- Value of the weighted pupil unit.
257 (1) Under the terms and conditions of Utah Code Title 63J, Chapter 1, Budgetary
258 Procedures Act, as applicable, the following sums of money are appropriated from resources
259 not otherwise appropriated, or reduced from amounts previously appropriated, out of the funds
260 or fund accounts indicated for distribution to state education agencies, school districts, and
261 charter schools for the fiscal year beginning July 1, 2012 and ending June 30, 2013. These
262 appropriations are additions to amounts previously appropriated for fiscal year 2012-13.
263 (2) The value of each weighted pupil unit (WPU) for fiscal year 2012-13 is increased
264 by $30 over the value of the WPU for fiscal year 2012-13 established in H.B. 1, Public
265 Education Base Budget, for a total WPU value of:
266 (a) $2,607 for:
267 (i) Special Education - Add-on; and
268 (ii) Career and Technical Education Add-on; and
269 (b) $2,848 for all other Basic School programs.
270 Basic School Program
271 Item 1 To Basic School Program
272 From Uniform School Fund, One-time

$45,000,000

273 From Education Fund

$38,511,700

274 From Education Fund, One-time

($45,000,000)

275 From Local Revenue

$4,800,200

276 From Beginning Nonlapsing Appropriation Balances

($13,000,000)

277 From Closing Nonlapsing Appropriation Balances

$13,000,000

278 Schedule of Programs:
279 Kindergarten (-281 WPUs) $64,300
280 Grades 1 - 12 (1,725 WPUs) $21,658,500
281 Necessarily Existent Small Schools (1,053 WPUs) $3,243,700
282 Professional Staff (-641 WPUs) ($261,200)
283 Administrative Costs (25 WPUs) $120,400
284 Special Education - Add-on (3,318 WPUs) $10,605,800
285 Special Education - Pre-school (193 WPUs) $843,700
286 Special Education - Self-contained (264 WPUs) $1,204,600
287 Special Education - Extended Year (14 WPUs) $52,800
288 Special Education - State Programs (38 WPUs) $195,600
289 Career and Technical Education (CTE)
290 Add-on (526 WPUs) $2,208,500
291 Class Size Reduction (772 WPUs) $3,375,200
292 The Legislature intends that the State Board of Education study a student-based funding
293 allocation model for the Career and Technical Education (CTE) Add-on program that takes into
294 account the relative cost difference associated with providing various CTE programs and does
295 not exceed current funding levels appropriated for the program but may include an annual
296 adjustment for student enrollment growth. The Legislature intends that the State Board of
297 Education report to the Education Interim Committee, the Public Education Appropriations
298 Subcommittee, and the Executive Appropriations Committee by October 2012 the potential
299 allocation models developed by the State Board of Education.
300 Related to Basic Programs
301 Item 2 To Related to Basic Programs
302 From Education Fund

$20,367,300

303 From Education Fund, One-time

$7,000,000

304 Schedule of Programs:
305 To and From School - Pupil Transportation $6,300,000
306 Flexible Allocation - WPU Distribution $261,000

307 Charter School Local Replacement $10,610,000
308 Charter School Administration $514,300
309 Educator Salary Adjustments $2,682,000
310 Teacher Supplies and Materials $5,000,000
311 Beverley Taylor Sorenson Elementary Arts $2,000,000
312 Voted and Board Leeway Programs
313 Item 3 To Voted and Board Leeway Programs
314 From Education Fund

$13,306,000

315 From Local Revenue

($5,191,600)

316 From Beginning Nonlapsing Appropriation Balances

($12,000,000)

317 From Closing Nonlapsing Appropriation Balances

$12,000,000

318 Schedule of Programs:
319 Voted Leeway $939,300
320 Board Leeway $7,175,100
321 The Legislature intends that the State Board of Education develop a comprehensive
322 performance measurement plan for the Minimum School Program that identifies specific
323 program-level outcome and evaluation metrics. This plan shall include program-level
324 performance detail on all restricted and semi-restricted programs as outlined in the 2011
325 In-Depth Budget Review. The State Board of Education shall report the details of this plan to
326 the Public Education Appropriations Subcommittee during the 2013 General Session.
327 State Board of Education
328 Item 4 To State Board of Education - State Office of Education
329 From Education Fund

($2,500)

330 From Education Fund, One-time

$1,000,000

331 From Federal Funds

$2,500

332 From Dedicated Credits Revenue

$200

333 From General Fund Restricted - Mineral Lease

$200

334 From Revenue Transfers

$100

335 From Beginning Nonlapsing Appropriation Balances

($6,162,700)

336 From Closing Nonlapsing Appropriation Balances

$6,162,700

337 Schedule of Programs:

338 Educational Equity $365,400
339 Assessment and Accountability $14,390,400
340 Board and Administration $5,622,800
341 Business Services $1,665,600
342 Career and Technical Education $22,847,400
343 District Computer Services $5,231,400
344 Educational Technology $3,481,800
345 Federal Elementary and Secondary Education Act $125,348,100
346 Law and Legislation $309,200
347 Public Relations $130,700
348 School Trust $513,800
349 Special Education $162,040,900
350 Teaching and Learning $30,368,300
351 Board of Education - Administration ($5,612,500)
352 Student Achievement ($362,717,900)
353 Data and Business Services ($1,666,600)
354 Law, Legislation and Educational Services ($1,318,300)
355 The Legislature intends that the State Board of Education address the costs and benefits
356 of its Early Retirement Incentive Pay Plan and its open Other Post Employment Benefits plan
357 that allows individuals to accumulate health insurance benefits at retirement. The State Board
358 should report its finding to the Public Education Appropriations Subcommittee by November
359 2012.
360 The Legislature intends that the Utah State Office of Education work with the
361 legislative fiscal analyst for public education in developing job specific outcome based
362 performance measures and report these measures to the Public Education Appropriations
363 Subcommittee by December 2012.
364 The Legislature intends that the Utah State Office of Education work with the
365 legislative fiscal analyst for public education in performing cost-benefit analysis on the
366 activities of the programs within the Utah State Office of Education - Administration line item
367 and report the results to the Public Education Appropriations Subcommittee before November
368 2012.

369 The Legislature intends that the Department of Health, the Utah State Office of
370 Rehabilitation, and the Utah State Office of Education (Special Education) use funds
371 previously transferred to support the Utah Developmental Disability Council (UDDC)
372 information and referral phone/website to instead provide direct client services to individuals
373 with disabilities. The Legislature further intends the UDDC, as a federally-established and
374 federally-governed agency, use its federal funds to support its information and referral
375 phone/website.
376 The Legislature intends the Department of Health, the Utah State Office of
377 Rehabilitation and the Utah State Office of Education (Special Education) use funds previously
378 transferred to support the Access Utah program to instead contract with a private human
379 services directory database entity to provide a free information and referral service statewide
380 for individuals with disabilities.
381 Item 5 To State Board of Education - Utah State Office of Education - Initiative Programs
382 From Education Fund

($916,800)

383 From General Fund Restricted

$5,000

384 Schedule of Programs:
385 Contracts and Grants ($911,800)
386 Item 6 To State Board of Education - State Charter School Board
387 From Federal Funds

($3,433,400)

388 Schedule of Programs:
389 State Charter School Board ($3,433,400)
390 Item 7 To State Board of Education - Educator Licensing Professional Practices
391 From Education Fund Restricted - Professional Practices Subfund

$300

392 Schedule of Programs:
393 Educator Licensing $300
394 Item 8 To State Board of Education - State Office of Education - Child Nutrition
395 From Education Fund

$100

396 From Federal Funds

$27,000,300

397 From Dedicated Credits Revenue

$10,958,500

398 Schedule of Programs:
399 Child Nutrition $37,958,900

400 Item 9 To State Board of Education - Utah Schools for the Deaf and the Blind
401 From Education Fund

$19,900

402 From Dedicated Credits Revenue

$1,000

403 From Revenue Transfers

$5,000

404 Schedule of Programs:
405 Support Services $25,900
406 State Board of Education Indirect Cost Pool Internal Service Funds
407 Item 10 To State Board of Education Indirect Cost Pool - Indirect Cost Pool
408 From Dedicated Credits - Intragovernmental Revenue

$600

409 Schedule of Programs:
410 Superintendent Indirect Cost Pool $600
411 Section 6. Effective date.
412 This bill takes effect on July 1, 2012.
413 Section 7. Coordinating S.B. 2 with H.B. 1 -- Superseding substantive
414 amendments.
415 If this S.B. 2 and H.B. 1, Public Education Base Budget, both pass and become law, the
416 Legislature intends that the amendments to Section 53A-17a-135 in this bill supersede the
417 amendments to Section 53A-17a-135 in H.B. 1 when the Office of Legislative Research and
418 General Counsel prepares the Utah Code database for publication.




Legislative Review Note
as of 3-5-12 8:33 AM

Office of Legislative Research and General Counsel