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STANDING COMMITTEE
Room 445, State Capitol
February 28, 2012
Rep. Bill Wright, Vice Chair
Rep. Patrice Arent
Rep. LaVar Christensen
Rep. Becky Edwards
Rep. Steven Eliason
Rep. John G. Mathis
Rep. Kay L. McIff
Rep. Carol Spackman Moss
Rep. Merlynn Newbold
Rep. Marie H. Poulson
Rep. Kraig Powell
MEMBERS EXCUSED: Rep. Greg H. Hughes
Rep. Rebecca D. Lockhart
MEMBERS ABSENT: Ken W. Sumsion
STAFF PRESENT: Constance C. Steffen, Policy Analyst
Linda Service, Committee Secretary
Note: List of visitors and copy of handouts are filed with committee minutes.
Chair Gibson called the meeting to order at 8:10 a.m.
H.B. 156 Public Education Program Amendments (Rep. M. Newbold)
Rep. Newbold explained the bill eliminates public education programs and requirements.
Supt. Larry Shumway, Utah State Office of Education, addressed committee members' questions.
MOTION: Rep. Eliason moved to amend the bill as follows:
1. Page 1, Lines 12 through 13 :
12 .
{
eliminates the requirement to take a course in financial literacy to
graduate from
13 high school; }
requires the State Board of Education to provide a general
financial literacy test-out option;
2. Page 6, Lines 160 through 163 :
160 (a) use competency-based standards and assessments;
{
and
}
161
{
[
}
(b) include instruction that stresses general financial literacy from
basic budgeting to
162 financial investments, including bankruptcy education
and a general financial
literacy test-out option
; and
{
]
}
163
{
[
}
(c)
{
]
}
{
(b)
}
increase graduation requirements in language arts,
mathematics, and science to
The motion passed unanimously with Rep. Christensen and Rep. Mathis absent for the vote.
MOTION: Rep. Moss moved to amend the bill as follows:
Delete lines 17, 29, 52, 232, and 239.
SUBSTITUTE MOTION: Rep. Powell moved amend the bill as follows:
1. Page 1, Line 17 :
17
{
. eliminates a requirement to assign a mentor to a provisional
educator;
}
2. Page 2, Lines 28 through 29 :
28
{
. the Quality Teaching Block Grant Program;
29 . the retirement and Social Security program; }
3. Page 2, Line 52 :
52
{
53A-10-108, as last amended by Laws of Utah 2009, Chapter 287
}
4. Page 2, Lines 55 through 56 :
55
{
53A-17a-124, as last amended by Laws of Utah 2010, Chapter 3
56 53A-17a-125, as last amended by Laws of Utah 2010, Chapter 3 }
5. Page 8, Line 232 :
232
{
Section 53A-10-108, Mentor for provisional educator.
}
6. Page 8, Lines 237 through 239 :
237
{
Section 53A-17a-124, Quality Teaching Block Grant Program -- State
238
contributions.238
239 Section 53A-17a-125, Appropriation for retirement and Social Security. }
The motion passed with Rep. Eliason, Rep. Newbold, Rep. Gibson, and Rep. Wright voting in opposition. Rep. Christensen was absent for the vote.
MOTION: Rep. Arent moved to pass the bill out as amended with a favorable recommendation. The motion passed unanimously. Rep. Christensen was absent for the vote.
H.B. 392 Charter School Funding Revisions (Rep. S. Sandstrom)
Rep. Sandstrom introduced the bill which modifies provisions pertaining to funding for charter schools.
Ms. Patti Harrington, representing the Utah School Boards Association, Utah School Superintendents Association, and School Business Officials Association, spoke in support of the bill.
The following commented on the bill:
Supt. Larry Shumway, Utah State Office of Education
Mr. Peter Cannon, citizen
MOTION: Rep. Arent moved to amend the bill as follows:
1. Page 1, Lines 12 through 13 :
12
{
. modifies a school district's contribution of school district revenues for
charter
13 school students; and }
2. Page 1, Line 22 :
22
{
53A-1a-513, as last amended by Laws of Utah 2011, Chapter 371
}
3. Page 1, Line 26 through Page 6, Line 155 :
26
{
Section 1.
Section
53A-1a-513
is amended to read:
27 53A-1a-513. Funding for charter schools.
28 (1) As used in this section:
29 (a) "Charter school students' average local revenues" means the amount determined as
30 follows:
31 (i) for each student enrolled in a charter school on the previous October 1, calculate the
32 district per pupil local revenues of the school district in which the student resides;
33 (ii) sum the district per pupil local revenues for each student enrolled in a charter
34 school on the previous October 1; and
35 (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
36 enrolled in charter schools on the previous October 1.
37 (b) "District local property tax revenues" means the sum of a school district's revenue
38 received from the following levies:
39 (i) (A) a voted levy imposed under Section 53A-17a-133 ;
40 (B) a board levy imposed under Section 53A-17a-134 ;
41 (C) a 10% of basic levy imposed under Section 53A-17a-145 ;
42 (D) a tort liability levy imposed under Section 63G-7-704 ;
43 (E) a capital outlay levy imposed under Section 53A-16-107 ; and
44 (F) a voted capital outlay levy imposed under Section 53A-16-110 ; or
45 (ii) (A) a voted local levy imposed under Section 53A-17a-133 ;
46 (B) a board local levy imposed under Section 53A-17a-164 , excluding revenues
47 expended for:
48 (I) recreational facilities and activities authorized under Title 11, Chapter 2,
49 Playgrounds;
50 (II) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
51 taxable value of the school district's board local levy; and
52 (III) the K-3 Reading Improvement Program, up to the amount of revenue generated by
53 a .000121 per dollar of taxable value of the school district's board local levy; and
54 (C) a capital local levy imposed under Section 53A-16-113 .
55 (c) "District per pupil local revenues" means an amount equal to the following, using
56 data from the most recently published school district annual financial reports and state
57 superintendent's annual report:
58 (i) district local property tax revenues; divided by
59 (ii) the sum of:
60 (A) a school district's average daily membership; and
61 (B) the average daily membership of a school district's resident students who attend
62 charter schools.
63 (d) "Resident student" means a student who is considered a resident of the school
64 district under Title 53A, Chapter 2, Part 2, District of Residency.
65 (e) "Statewide average debt service revenues" means the amount determined as
66 follows, using data from the most recently published state superintendent's annual report:
67 (i) sum the revenues of each school district from the debt service levy imposed under
68 Section 11-14-310 ; and
69 (ii) divide the sum calculated under Subsection (1)(e)(i) by statewide school district
70 average daily membership.
71 (2) (a) Charter schools shall receive funding as described in this section, except
72 Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
73 (b) Charter schools authorized by local school boards that are converted from district
74 schools or operate in district facilities without paying reasonable rent shall receive funding as
75 prescribed in Section 53A-1a-515 .
76 (3) (a) Except as provided in Subsection (3)(b), a charter school shall receive state
77 funds, as applicable, on the same basis as a school district receives funds.
78 (b) In distributing funds under Chapter 17a, Minimum School Program Act, to charter
79 schools, charter school pupils shall be weighted, where applicable, as follows:
80 (i) .55 for kindergarten pupils;
81 (ii) .9 for pupils in grades 1 through 6;
82 (iii) .99 for pupils in grades 7 through 8; and
83 (iv) 1.2 for pupils in grades 9 through 12.
84 (4) (a) (i) A school district shall allocate a portion of school district revenues for each
85 resident student of the school district who is enrolled in a charter school on October 1 equal to
86 [25%] 20.6% of [the lesser of: (A)] district per pupil local revenues[; or].
87 [(B) charter school students' average local revenues.]
88 (ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
89 established under Chapter 28, Utah School Bond Guaranty Act.
90 (b) The State Board of Education shall:
91 (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
92 state funds the school district is authorized to receive under Chapter 17a, Minimum School
93 Program Act; and
94 [(ii) remit the money to the student's charter school.]
95 (ii) use the money deducted under Subsection (4)(b)(i), together with money
96 appropriated under Subsection (4)(d), to provide funds to charter schools in the amount of
97 charter school students' average local revenues for each student enrolled in a charter school on
98 October 1.
99 (c) Notwithstanding the method used to transfer school district revenues to charter
100 schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
101 schools under this section from:
102 (i) unrestricted revenues available to the school district; or
103 (ii) the revenue sources listed in Subsection (1)(b) based on the portion of the
104 allocations to charter schools attributed to each of the revenue sources listed in Subsection
105 (1)(b).
106 (d) (i) Subject to future budget constraints, the Legislature shall provide an
107 appropriation for charter schools for each student enrolled on October 1 to supplement the
108 allocation of school district revenues under Subsection (4)(a).
109 (ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
110 state for a charter school student shall be the sum of:
111 (A) charter school students' average local revenues minus the allocation of school
112 district revenues under Subsection (4)(a); and
113 (B) statewide average debt service revenues.
114 (iii) If the total of a school district's allocation for a charter school student under
115 Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
116 $1427, the state shall provide an additional supplement so that a charter school receives at least
117 $1427 per student under this Subsection (4).
118 (iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the
119 amount prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated
120 among charter schools in proportion to each charter school's enrollment as a percentage of the
121 total enrollment in charter schools.
122 (B) If the State Board of Education makes adjustments to Minimum School Program
123 allocations as provided under Section 53A-17a-105 , the allocation provided in Subsection
124 (4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105 .
125 (e) Of the money provided to a charter school under this Subsection (4), 10% shall be
126 expended for funding school facilities only.
127 (5) Charter schools are eligible to receive federal funds if they meet all applicable
128 federal requirements and comply with relevant federal regulations.
129 (6) The State Board of Education shall distribute funds for charter school students
130 directly to the charter school.
131 (7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
132 transportation funding.
133 (b) The board shall also adopt rules relating to the transportation of students to and
134 from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
135 (c) The governing body of the charter school may provide transportation through an
136 agreement or contract with the local school board, a private provider, or with parents.
137 (8) (a) (i) The state superintendent of public instruction may allocate grants for both
138 start-up and ongoing costs to eligible charter school applicants from money appropriated for
139 the implementation of this part.
140 (ii) Applications for the grants shall be filed on a form determined by the state
141 superintendent and in conjunction with the application for a charter.
142 (iii) The amount of a grant may vary based upon the size, scope, and special
143 circumstances of the charter school.
144 (iv) The governing board of the charter school shall use the grant to meet the expenses
145 of the school as established in the school's charter.
146 (b) The State Board of Education shall coordinate the distribution of federal money
147 appropriated to help fund costs for establishing and maintaining charter schools within the
148 state.
149 (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
150 endowment, gift, or donation of any property made to the school for any of the purposes of this
151 part.
152 (b) It is unlawful for any person affiliated with a charter school to demand or request
153 any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
154 with the charter school as a condition for employment or enrollment at the school or continued
155 attendance at the school.
4. Page 7, Lines 199 through 200 :
199 This bill takes effect on
{
July 1, 2012, except the amendments in this bill to
Section
200 59-2-1317 take effect on } January 1, 2013.
{
The motion passed unanimously
MOTION: Rep. Arent moved to pass the bill out as amended with a favorable recommendation. The motion passed unanimously.
H.B. 398 Allocation of School Trust Lands Funds (Rep. C. Herrod)
Rep. Herrod introduced the bill which modifies the formula for distributing school trust lands funds to school districts and charter schools.
MOTION: Rep. Mathis moved to amend the bill as follows:
1. Page 1, Lines 16 through 18 :
16 .
{
a
}
if a school district has an enrollment of fewer than 20,000
students, the
school
{
district may not lose more than
$2
}
district's allocation
per student
may not be less
than the
school
17 district's per student allocation in the 2011-12 school year as a result of the
18 change in the formula.
2. Page 3, Lines 59 through 63 :
59 (b) (i) The State Board of Education shall annually distribute funds to a school
district
60 so that a school district
{
does not lose more than $2.00 per student
}
with an
enrollment of fewer than 20,000 students does not receive less money per student
compared to the school
61 district's per student allocation under this section in the 2011-12 school year as a result of the
62 change in the distribution formula under Subsection (3)(a) beginning with the 2012-13 school
63 year.
The motion passed unanimously with Rep. Moss absent for the vote.
The following spoke in support of the bill:
Ms. Kim Frank, Utah Charter Network
Ms. Julie Adamic, charter schools
Mr. Peter Cannon, citizen
The following spoke in opposition to the bill:
Ms. Dawn Davies, Utah PTA
Ms. Patti Harrington, Utah School Boards Association, Utah School Superintendents Association, and School Business Officials Association.
MOTION: Rep. Newbold moved to place the bill in interim study. The motion passed with Rep. Gibson and Rep. Mathis voting in opposition. Rep. Christensen and Rep. Wright were absent for the vote.
H.B. 364 School District Financial Reporting Amendments (Rep. J. Dougall)
The Chair announced that H.B. 364 would be on the next agenda.
MOTION: Rep. Poulson moved to adjourn. The motion passed unanimously. Chair Gibson adjourned the meeting at 9:28 a.m.
___________________________________
Rep. Francis Gibson, Chair