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 2015, and ending June 30, 2016, and modifies related budgetary provisions.
12 Highlighted Provisions:
13 This bill:
14 ▸ extends, for an additional year, a provision that allows the number of weighted pupil
15 units assigned to a charter school to be based on the higher of:
16 • October 1 enrollment in the current school year; or
17 • average daily membership in the prior school year plus growth;
18 ▸ provides budget increases and decreases for the use and support of certain state
19 education agencies;
20 ▸ provides budget increases and decreases for programs that support school districts
21 and charter schools;
22 ▸ provides intent language;
23 ▸ establishes the value of the weighted pupil unit for fiscal year 2015-16 at:
24 • $2,837 for the special education and career and technology add-on programs;
26 • $3,092 for all other programs; and
27 ▸ makes technical changes, including deleting outdated language.
28 Money Appropriated in this Bill:
29 This bill appropriates for fiscal year 2016:
30 ▸ $635,000 from the General Fund;
31 ▸ $7,000,000 from the Uniform School Fund;
32 ▸ $246,430,500 from the Education Fund; and
33 ▸ $24,983,100 from various sources as detailed in this bill.
34 Other Special Clauses:
35 This bill provides a special effective date.
36 Utah Code Sections Affected:
38 53A-1a-513, as last amended by Laws of Utah 2013, Chapter 470
39 Uncodified Material Affected:
40 ENACTS UNCODIFIED MATERIAL
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53A-1a-513 is amended to read:
44 53A-1a-513. Funding for charter schools.
45 (1) As used in this section:
46 (a) "Charter school students' average local revenues" means the amount determined as
48 (i) for each student enrolled in a charter school on the previous October 1, calculate the
49 district per pupil local revenues of the school district in which the student resides;
50 (ii) sum the district per pupil local revenues for each student enrolled in a charter
51 school on the previous October 1; and
52 (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
53 enrolled in charter schools on the previous October 1.
54 (b) "District local property tax revenues" means the sum of a school district's revenue
55 received from the following levies:
64 expended for:
68 dollar of taxable value of the school district's board local levy; and
70 generated by a .000121 per dollar of taxable value of the school district's board local levy; and
72 (c) "District per pupil local revenues" means an amount equal to the following, using
73 data from the most recently published school district annual financial reports and state
74 superintendent's annual report:
75 (i) district local property tax revenues; divided by
76 (ii) the sum of:
77 (A) a school district's average daily membership; and
78 (B) the average daily membership of a school district's resident students who attend
79 charter schools.
80 (d) "Resident student" means a student who is considered a resident of the school
81 district under Title 53A, Chapter 2, Part 2, District of Residency.
82 (e) "Statewide average debt service revenues" means the amount determined as
83 follows, using data from the most recently published state superintendent's annual report:
84 (i) sum the revenues of each school district from the debt service levy imposed under
85 Section 11-14-310; and
86 (ii) divide the sum calculated under Subsection (1)(e)(i) by statewide school district
87 average daily membership.
88 (2) (a) Charter schools shall receive funding as described in this section, except
89 Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
90 (b) Charter schools authorized by local school boards that are converted from district
91 schools or operate in district facilities without paying reasonable rent shall receive funding as
92 prescribed in Section 53A-1a-515.
93 (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school shall
94 receive state funds, as applicable, on the same basis as a school district receives funds.
95 (b) For the [
96 weighted pupil units assigned to a charter school for the kindergarten and grades 1 through 12
97 programs of the Basic School Program shall be:
98 (i) based on the higher of:
99 (A) October 1 enrollment in the current school year; or
100 (B) average daily membership in the prior school year plus growth as determined under
101 Section 53A-17a-106; and
102 (ii) weighted as provided in Subsection (3)(c).
103 (c) In distributing funds under Chapter 17a, Minimum School Program Act, to charter
104 schools, charter school pupils shall be weighted, where applicable, as follows:
105 (i) .55 for kindergarten pupils;
106 (ii) .9 for pupils in grades 1 through 6;
107 (iii) .99 for pupils in grades 7 through 8; and
108 (iv) 1.2 for pupils in grades 9 through 12.
109 (4) (a) (i) A school district shall allocate a portion of school district revenues for each
110 resident student of the school district who is enrolled in a charter school on October 1 equal to
111 25% of the lesser of:
112 (A) district per pupil local revenues; or
113 (B) charter school students' average local revenues.
114 (ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
115 established under Chapter 28, Utah School Bond Guaranty Act.
116 (b) The State Board of Education shall:
117 (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
118 state funds the school district is authorized to receive under Chapter 17a, Minimum School
119 Program Act; and
120 (ii) remit the money to the student's charter school.
121 (c) Notwithstanding the method used to transfer school district revenues to charter
122 schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
123 schools under this section from:
124 (i) unrestricted revenues available to the school district; or
125 (ii) the revenue sources listed in Subsection (1)(b) based on the portion of the
126 allocations to charter schools attributed to each of the revenue sources listed in Subsection
128 (d) (i) Subject to future budget constraints, the Legislature shall provide an
129 appropriation for charter schools for each student enrolled on October 1 to supplement the
130 allocation of school district revenues under Subsection (4)(a).
131 (ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
132 state for a charter school student shall be the sum of:
133 (A) charter school students' average local revenues minus the allocation of school
134 district revenues under Subsection (4)(a); and
135 (B) statewide average debt service revenues.
136 (iii) If the total of a school district's allocation for a charter school student under
137 Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
138 $1427, the state shall provide an additional supplement so that a charter school receives at least
139 $1427 per student under this Subsection (4).
140 (iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the
141 amount prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated
142 among charter schools in proportion to each charter school's enrollment as a percentage of the
143 total enrollment in charter schools.
144 (B) If the State Board of Education makes adjustments to Minimum School Program
145 allocations as provided under Section 53A-17a-105, the allocation provided in Subsection
146 (4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
147 (e) Of the money provided to a charter school under this Subsection (4), 10% shall be
148 expended for funding school facilities only.
149 (5) Charter schools are eligible to receive federal funds if they meet all applicable
150 federal requirements and comply with relevant federal regulations.
151 (6) The State Board of Education shall distribute funds for charter school students
152 directly to the charter school.
153 (7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
154 transportation funding.
155 (b) The board shall also adopt rules relating to the transportation of students to and
156 from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
157 (c) The governing body of the charter school may provide transportation through an
158 agreement or contract with the local school board, a private provider, or with parents.
159 (8) (a) (i) In accordance with Section 53A-1a-513.5, the State Charter School Board
160 may allocate grants for start-up costs to charter schools from money appropriated for charter
161 school start-up costs.
162 (ii) The governing board of a charter school that receives money from a grant under
163 Section 53A-1a-513.5 shall use the grant for expenses for planning and implementation of the
164 charter school.
165 (b) The State Board of Education shall coordinate the distribution of federal money
166 appropriated to help fund costs for establishing and maintaining charter schools within the
168 (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
169 endowment, gift, or donation of any property made to the school for any of the purposes of this
171 (b) It is unlawful for any person affiliated with a charter school to demand or request
172 any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
173 with the charter school as a condition for employment or enrollment at the school or continued
174 attendance at the school.
175 Section 2. One-time appropriation for classroom supplies.
176 (1) As used in this section, "classroom teacher" or "teacher" means permanent teacher
177 positions filled by one teacher or two or more job-sharing teachers:
178 (a) who are licensed personnel;
179 (b) who are paid on the teacher's salary schedule;
180 (c) who are hired for an entire contract period; and
181 (d) whose primary function is to provide instructional or a combination of instructional
182 and counseling services to students in public schools.
183 (2) (a) The State Board of Education shall distribute money appropriated for teacher
184 supplies and materials to classroom teachers in school districts, the Utah Schools for the Deaf
185 and the Blind, and charter schools on the basis of the number of classroom teachers in each
186 school as compared to the total number of classroom teachers.
187 (b) Teachers shall receive up to the following amounts:
188 (i) $250 for a teacher on salary schedule steps one through three teaching in
189 kindergarten through grade 6 or preschool handicapped;
190 (ii) $200 for a teacher on salary schedule steps one through three teaching in grades 7
191 through 12;
192 (iii) $175 for a teacher on salary schedule step four or higher teaching in kindergarten
193 through grade 6 or preschool handicapped; and
194 (iv) $150 for a teacher on salary schedule step four or higher teaching in grades 7
195 through 12.
196 (c) If the appropriation is not sufficient to provide to each teacher the full amount
197 allowed under Subsection (2)(b), teachers on salary schedule steps one through three shall
198 receive the full amount allowed with the remaining money apportioned to all other teachers.
199 (3) Teachers shall spend money appropriated for classroom supplies and materials for
200 school supplies, materials, or field trips under rules adopted by the State Board of Education.
201 Section 3. Operating and capital budgets -- FY 2016 appropriations for state
202 education agencies, school districts, and charter schools -- Value of the weighted pupil
204 (1) Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act,
205 for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of
206 money are appropriated from resources not otherwise appropriated, or reduced from amounts
207 previously appropriated, out of the funds or accounts indicated. These sums of money are in
208 addition to any amounts previously appropriated for fiscal year 2016.
209 (2) The value of each weighted pupil unit (WPU) for fiscal year 2015-16 is increased
210 from the value of the WPU for fiscal year 2015-16 established in S.B. 1, Public Education Base
211 Budget Amendments, and set at:
212 (a) $2,837 for:
213 (i) Special Education -- Add-on; and
214 (ii) Career & Technical Education District Add-on; and
215 (b) $3,092 for all other programs.
State Board of Education - Minimum School Program
Item 1To State Board of Education - Minimum School Program - Basic School Program
218 From Uniform School Fund
219 From Uniform School Fund, One-time
220 From Education Fund
221 From Education Fund, One-time
222 From Local Revenue
223 From Beginning Nonlapsing Appropriation Balances
224 From Closing Nonlapsing Appropriation Balances
225 Schedule of Programs:
226 Kindergarten (-896 WPUs) 735,300
227 Grades 1 - 12 (7,694 WPUs) 90,405,400
228 Necessarily Existent Small Schools 1,122,800
229 Professional Staff (710 WPUs) 8,560,300
230 Administrative Costs 180,600
231 Special Education - Add-on (2,143 WPUs) 14,181,700
232 Special Education - Preschool (125 WPUs) 1,556,900
233 Special Education - Self-contained (-360 WPUs) 601,100
234 Special Education - Extended School Year 51,500
235 Special Education - State Programs (351 WPUs) 1,434,100
236 Career and Technical Education - Add-on 4,375,300
237 (380 WPUs)
238 Class Size Reduction (499 WPUs) 6,217,800
239 The Legislature intends that the State Board of Education develop minimum program
240 standards, including maximum class size limits in kindergarten through grade 3, that local
241 education agencies must meet in order to continue to receive Class Size Reduction funding.
242 The Legislature also intends that the State Board of Education develop an estimate of the cost
243 necessary to limit class sizes in kindergarten through grade 3, without impacting class sizes in
244 grades 4 through 12. The Legislature also intends that the State Board of Education report the
245 standards and estimated costs to the Education Interim Committee and the Public Education
246 Appropriations Subcommittee by October 31, 2015.
Item 2To State Board of Education - Minimum School Program - Related to Basic School
249 From Education Fund
250 From Education Fund, One-time
251 From Interest and Dividends Account
252 From Beginning Nonlapsing Appropriation Balances
253 From Closing Nonlapsing Appropriation Balances
254 Schedule of Programs:
255 To and From School - Pupil Transportation 9,852,200
256 Flexible Allocation - WPU Distribution 23,106,600
257 Enhancement for At-Risk Students 1,304,600
258 Youth in Custody 1,065,500
259 Adult Education 523,400
260 Enhancement for Accelerated Students 232,800
261 Concurrent Enrollment 3,496,100
262 School LAND Trust Program 2,149,300
263 Charter School Local Replacement 25,015,000
264 Charter School Administration 83,200
265 K-3 Reading Improvement 2,600,000
266 Educator Salary Adjustments 3,430,000
267 USFR Teacher Salary Supplement Restricted 1,500,000
269 School Library Books and Electronic Resources 1,050,000
270 Matching Funds for School Nurses 60,000
271 Critical Languages and Dual Immersion 600,000
272 USTAR Centers (Year-Round Math and Science) 6,200,000
273 Teacher Supplies and Materials 6,000,000
274 Beverley Taylor Sorenson Elementary Arts 4,500,000
275 Civics Education - State Capitol Field Trips 150,000
276 K-12 Digital Literacy 5,000,000
277 Special Education - Intensive Services 2,000,000
278 The Legislature intends that the appropriation for the Flexible Allocation - WPU
279 Distribution program be distributed to school districts and charter schools on the basis of the
280 number of weighted pupil units in a school district or charter school compared to the total
281 number of weighted pupil units and that the State Board of Education provide for the reporting
282 of school district and charter school expenditures of the program money.
283 The Legislature intends that the State Board of Education review the Pupil
284 Transportation Allocation Formula and recommend ways to improve the formula to increase
285 efficiency, simplify allocation methodology to school districts, and provide incentives for
286 alternative transportation methods. The Legislature further intends that the State Board of
287 Education report its recommendations to the Education Interim Committee and the Public
288 Education Appropriations Subcommittee by October 31, 2015.
289 The Legislature intends that the State Board of Education and State Board of Regents
290 provide joint recommendations on how to ensure that each concurrent enrollment course is
291 taught by a qualified instructor, that credits earned by students count towards major and minor
292 degree requirements at state colleges and universities, and that students are advised on the
293 transferability of credits to private and out of state institutions. The Legislature also intends
294 that these recommendations be reported to the Education Interim Committee and the Public
295 Education Appropriations Committee by October 31, 2015.
Item 3To State Board of Education - Minimum School Program - Voted and Board Local
297 Levy Programs
298 From Education Fund
299 From Local Revenue
300 Schedule of Programs:
301 Voted Local Levy Program 28,779,000
302 Board Local Levy Program 6,700,700
State Board of Education
Item 4To State Board of Education - State Office of Education
305 From Education Fund
306 From Education Fund, One-time
307 From General Fund Restricted - Mineral Lease
308 From General Fund Restricted - Substance Abuse Prevention
309 From Interest and Dividends Account
310 From Revenue Transfers - Indirect Costs
311 Schedule of Programs:
312 Assessment and Accountability 206,600
313 Educational Equity (37,100)
314 Board and Administration 6,159,300
315 Business Services 58,400
316 Career and Technical Education (388,200)
317 District Computer Services (401,000)
318 Federal Elementary and Secondary Education Act (166,300)
319 Law and Legislation (28,500)
320 Public Relations (12,700)
321 School Trust (48,200)
322 Special Education (183,600)
323 Teaching and Learning (255,300)
324 The Legislature intends that the State Board of Education use any nonlapsing balances
325 generated from the licensing of Student Assessment of Growth and Excellence (SAGE)
326 questions to other states to develop additional assessment questions and provide professional
327 learning for Utah educators.
328 The Legislature intends that the State Board of Education use the revenue bond savings
329 of $264,700 from the Education Fund to support a portion of the State Board of Education's
330 Risk Mitigation Plan.
Item 5To State Board of Education - Utah State Office of Education - Initiative Programs
332 From General Fund, One-time
333 From Education Fund
334 From Education Fund, One-time
335 From Revenue Transfers - Indirect Costs
336 Schedule of Programs:
337 Contracts and Grants 50,000
338 Electronic High School (14,300)
339 Upstart Early Childhood Education 1,000,000
340 ProStart Culinary Arts Program 300,000
341 General Financial Literacy (5,600)
342 Carson Smith Scholarships 623,800
343 Early Intervention 3,000,000
Item 6To State Board of Education - State Charter School Board
345 From Education Fund
346 From Revenue Transfers - Indirect Costs
347 Schedule of Programs:
348 State Charter School Board 150,900
Item 7To State Board of Education - Educator Licensing Professional Practices
350 From Professional Practices Restricted Subfund
351 From Revenue Transfers - Indirect Costs
352 Schedule of Programs:
353 Educator Licensing (105,100)
Item 8To State Board of Education - State Office of Education - Child Nutrition
355 From Federal Funds
356 From Revenue Transfers - Indirect Costs
357 Schedule of Programs:
358 Child Nutrition (19,327,000)
Item 9To State Board of Education - Child Nutrition - Federal Commodities
360 From Federal Funds
361 Schedule of Programs:
362 Child Nutrition - Federal Commodities 19,159,300
Item 10To State Board of Education - Fine Arts Outreach
364 From Education Fund
365 From Education Fund, One-time
366 Schedule of Programs:
367 Professional Outreach Programs 600,000
368 Requests for Proposals 250,000
Item 11To State Board of Education - Science Outreach
370 From Education Fund
371 Schedule of Programs:
372 Informal Science Education Enhancement 1,790,000
Item 12To State Board of Education - Utah Schools for the Deaf and the Blind
374 From Education Fund
375 From Education Fund, One-time
376 Schedule of Programs:
377 Instructional Services 300,000
378 Support Services 1,552,000
379 Section 4. Effective date.
380 This bill takes effect on July 1, 2015.
Legislative Review Note
as of 3-9-15 11:52 AM
Office of Legislative Research and General Counsel