Chief Sponsor: Bradley G. Last

Senate Sponsor: Howard A. Stephenson


8     General Description:
9          This bill modifies funding for charter schools.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a school district to allocate 25% of district per pupil revenues for each
13     student of the school district who is enrolled in a charter school regardless of the
14     charter school students' average local revenues.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53A-1a-513, as last amended by Laws of Utah 2013, Chapter 470

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53A-1a-513 is amended to read:
25          53A-1a-513. Funding for charter schools.
26          (1) As used in this section:
27          (a) "Charter school students' average local revenues" means the amount determined as
28     follows:
29          (i) for each student enrolled in a charter school on the previous October 1, calculate the

30     district per pupil local revenues of the school district in which the student resides;
31          (ii) sum the district per pupil local revenues for each student enrolled in a charter
32     school on the previous October 1; and
33          (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
34     enrolled in charter schools on the previous October 1.
35          (b) "District local property tax revenues" means the sum of a school district's revenue
36     received from the following levies:
37          (i) (A) a voted levy imposed under Section 53A-17a-133;
38          (B) a board levy imposed under Section 53A-17a-134;
39          (C) a 10% of basic levy imposed under Section 53A-17a-145;
40          (D) a tort liability levy imposed under Section 63G-7-704;
41          (E) a capital outlay levy imposed under Section 53A-16-107; and
42          (F) a voted capital outlay levy imposed under Section 53A-16-110; or
43          (ii) (A) a voted local levy imposed under Section 53A-17a-133;
44          (B) a board local levy imposed under Section 53A-17a-164, excluding revenues
45     expended for:
46          (I) recreational facilities and activities authorized under Title 11, Chapter 2,
47     Playgrounds;
48          (II) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
49     taxable value of the school district's board local levy; and
50          (III) the K-3 Reading Improvement Program, up to the amount of revenue generated by
51     a .000121 per dollar of taxable value of the school district's board local levy; and
52          (C) a capital local levy imposed under Section 53A-16-113.
53          (c) "District per pupil local revenues" means an amount equal to the following, using
54     data from the most recently published school district annual financial reports and state
55     superintendent's annual report:
56          (i) district local property tax revenues; divided by
57          (ii) the sum of:

58          (A) a school district's average daily membership; and
59          (B) the average daily membership of a school district's resident students who attend
60     charter schools.
61          (d) "Resident student" means a student who is considered a resident of the school
62     district under Title 53A, Chapter 2, Part 2, District of Residency.
63          (e) "Statewide average debt service revenues" means the amount determined as
64     follows, using data from the most recently published state superintendent's annual report:
65          (i) sum the revenues of each school district from the debt service levy imposed under
66     Section 11-14-310; and
67          (ii) divide the sum calculated under Subsection (1)(e)(i) by statewide school district
68     average daily membership.
69          (2) (a) Charter schools shall receive funding as described in this section, except
70     Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
71          (b) Charter schools authorized by local school boards that are converted from district
72     schools or operate in district facilities without paying reasonable rent shall receive funding as
73     prescribed in Section 53A-1a-515.
74          (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school shall
75     receive state funds, as applicable, on the same basis as a school district receives funds.
76          (b) For the 2013-14 and 2014-15 school years, the number of weighted pupil units
77     assigned to a charter school for the kindergarten and grades 1 through 12 programs of the Basic
78     School Program shall be:
79          (i) based on the higher of:
80          (A) October 1 enrollment in the current school year; or
81          (B) average daily membership in the prior school year plus growth as determined under
82     Section 53A-17a-106; and
83          (ii) weighted as provided in Subsection (3)(c).
84          (c) In distributing funds under Chapter 17a, Minimum School Program Act, to charter
85     schools, charter school pupils shall be weighted, where applicable, as follows:

86          (i) .55 for kindergarten pupils;
87          (ii) .9 for pupils in grades 1 through 6;
88          (iii) .99 for pupils in grades 7 through 8; and
89          (iv) 1.2 for pupils in grades 9 through 12.
90          (4) (a) (i) A school district shall allocate a portion of school district revenues for each
91     resident student of the school district who is enrolled in a charter school on October 1 equal to
92     25% of the [lesser of: (A)] district per pupil local revenues[; or].
93          [(B) charter school students' average local revenues.]
94          (ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
95     established under Chapter 28, Utah School Bond Guaranty Act.
96          (b) The State Board of Education shall:
97          (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
98     state funds the school district is authorized to receive under Chapter 17a, Minimum School
99     Program Act; and
100          (ii) remit the money to the student's charter school.
101          (c) Notwithstanding the method used to transfer school district revenues to charter
102     schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
103     schools under this section from:
104          (i) unrestricted revenues available to the school district; or
105          (ii) the revenue sources listed in Subsection (1)(b) based on the portion of the
106     allocations to charter schools attributed to each of the revenue sources listed in Subsection
107     (1)(b).
108          (d) (i) Subject to future budget constraints, the Legislature shall provide an
109     appropriation for charter schools for each student enrolled on October 1 to supplement the
110     allocation of school district revenues under Subsection (4)(a).
111          (ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
112     state for a charter school student shall be the sum of:
113          (A) charter school students' average local revenues minus the allocation of school

114     district revenues under Subsection (4)(a); and
115          (B) statewide average debt service revenues.
116          (iii) If the total of a school district's allocation for a charter school student under
117     Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
118     $1427, the state shall provide an additional supplement so that a charter school receives at least
119     $1427 per student under this Subsection (4).
120          (iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the
121     amount prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated
122     among charter schools in proportion to each charter school's enrollment as a percentage of the
123     total enrollment in charter schools.
124          (B) If the State Board of Education makes adjustments to Minimum School Program
125     allocations as provided under Section 53A-17a-105, the allocation provided in Subsection
126     (4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
127          (e) Of the money provided to a charter school under this Subsection (4), 10% shall be
128     expended for funding school facilities only.
129          (5) Charter schools are eligible to receive federal funds if they meet all applicable
130     federal requirements and comply with relevant federal regulations.
131          (6) The State Board of Education shall distribute funds for charter school students
132     directly to the charter school.
133          (7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
134     transportation funding.
135          (b) The board shall also adopt rules relating to the transportation of students to and
136     from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
137          (c) The governing body of the charter school may provide transportation through an
138     agreement or contract with the local school board, a private provider, or with parents.
139          (8) (a) (i) In accordance with Section 53A-1a-513.5, the State Charter School Board
140     may allocate grants for start-up costs to charter schools from money appropriated for charter
141     school start-up costs.

142          (ii) The governing board of a charter school that receives money from a grant under
143     Section 53A-1a-513.5 shall use the grant for expenses for planning and implementation of the
144     charter school.
145          (b) The State Board of Education shall coordinate the distribution of federal money
146     appropriated to help fund costs for establishing and maintaining charter schools within the
147     state.
148          (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
149     endowment, gift, or donation of any property made to the school for any of the purposes of this
150     part.
151          (b) It is unlawful for any person affiliated with a charter school to demand or request
152     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
153     with the charter school as a condition for employment or enrollment at the school or continued
154     attendance at the school.