1     
LOCAL SCHOOL FUNDING OPTIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Block Grant Funding Pilot Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the Block Grant Funding Pilot Program (program);     
13          ▸     requires the State Board of Education to select qualifying local education agencies
14     (LEA) to participate in the program;
15          ▸     provides for an LEA that participates in the program to receive most state funding
16     as a block grant for a certain period of time;
17          ▸     provides an exception to certain program requirements for a certain period of time
18     for an LEA that participates in the program;
19          ▸     requires the State Board of Education to report to the Education Interim Committee
20     on the status of the program; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          53A-15-104, as last amended by Laws of Utah 2014, Chapter 63
29          53A-15-105, as enacted by Laws of Utah 2008, Chapter 235
30          53A-17a-111, as last amended by Laws of Utah 2011, Chapter 342
31          53A-17a-112, as last amended by Laws of Utah 2011, Chapters 359 and 366
32          53A-17a-113, as last amended by Laws of Utah 2010, Chapter 3
33          53A-17a-120.5, as last amended by Laws of Utah 2010, Chapter 3
34          53A-17a-124.5, as last amended by Laws of Utah 2013, Chapter 299
35          53A-17a-127, as last amended by Laws of Utah 2011, Chapters 366 and 371
36          53A-17a-150, as last amended by Laws of Utah 2013, Chapter 466
37          53A-17a-154, as last amended by Laws of Utah 2010, Chapter 3
38          53A-17a-155, as last amended by Laws of Utah 2010, Chapter 3
39          53A-17a-159, as enacted by Laws of Utah 2008, Chapter 397
40          53A-17a-162, as last amended by Laws of Utah 2011, Chapter 330
41          53A-17a-165, as last amended by Laws of Utah 2014, Chapter 193
42          53A-17a-167, as last amended by Laws of Utah 2013, Chapter 466
43          53A-17a-168, as enacted by Laws of Utah 2012, Chapter 188
44          53A-21-202, as last amended by Laws of Utah 2010, Chapter 185
45          63I-1-253, as last amended by Laws of Utah 2014, Chapters 189, 226, and 412
46     ENACTS:
47          53A-17a-301, Utah Code Annotated 1953
48          53A-17a-302, Utah Code Annotated 1953
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 53A-15-104 is amended to read:
52          53A-15-104. Critical Languages Program -- Pilot.
53          (1) (a) As used in this section, "critical languages" means those languages described in
54     the federal National Security Language Initiative, including Chinese, Arabic, Russian, Farsi,
55     Hindi, and Korean.
56          (b) The Legislature recognizes:
57          (i) the importance of students acquiring skills in foreign languages in order for them to
58     successfully compete in a global society; and

59          (ii) the academic, societal, and economic development benefits of the acquisition of
60     critical languages.
61          (2) (a) The State Board of Education, in consultation with the Utah Education and
62     Telehealth Network, shall develop and implement courses of study in the critical languages.
63          (b) A course may be taught:
64          (i) over the state's two-way interactive video conferencing system for video and audio,
65     to students in the state's public education system;
66          (ii) through the Electronic High School;
67          (iii) through traditional instruction; or
68          (iv) by visiting guest teachers.
69          (3) (a) The courses authorized in Subsection (2) may use paraprofessionals in the
70     classroom who:
71          (i) are fluent in the critical language being taught; and
72          (ii) can provide reinforcement and tutoring to students on days and at times when they
73     are not receiving instruction under Subsection (2)(b).
74          (b) The State Board of Education, through the state superintendent of public
75     instruction, shall ensure that the paraprofessionals are fluent in the critical languages.
76          (4) The State Board of Education shall make rules on the critical languages courses
77     authorized under this section in accordance with Title 63G, Chapter 3, Utah Administrative
78     Rulemaking Act, to include:
79          (a) notification to school districts on the times and places of the course offerings; and
80          (b) instructional materials for the courses.
81          (5) The State Board of Education shall track and monitor the Critical Languages
82     Program and may expand the program to include more course offerings and other critical
83     languages, subject to student demand for the courses and available resources.
84          (6) (a) Subject to funding for the program, the State Board of Education shall establish
85     a pilot program for school districts and schools to initially participate in the Critical Languages
86     Program that provides:
87          (i) up to $6,000 per language per school, for up to 60 schools, for courses offered in
88     critical languages;
89          (ii) up to $100 per student who completes a critical languages course; and

90          (iii) up to an additional $400 per foreign exchange student who completes a critical
91     languages course.
92          (b) If the available funding is insufficient to provide the amounts described under
93     Subsection (6)(a), the amounts provided shall be reduced pro rata so that the total provided
94     does not exceed the available funding.
95          (c) During the fiscal years that a school district or charter school receives state funding
96     as a block grant under Part 3, Block Grant Funding Pilot Program, the school district or charter
97     school may use the funding described in this Subsection (6) for any public education purpose.
98          Section 2. Section 53A-15-105 is amended to read:
99          53A-15-105. Dual Language Immersion Program -- Pilot.
100          (1) Subject to funding for the program, the State Board of Education shall establish a
101     pilot program for school districts and schools to initially participate in the Dual Language
102     Immersion Program.
103          (2) The program shall provide funds as an incentive to 15 qualifying schools for the
104     following languages:
105          (a) six pilots for Chinese;
106          (b) six pilots for Spanish;
107          (c) two pilots for French; and
108          (d) one pilot for Navajo.
109          (3) Subject to funding for the program, a qualifying school shall:
110          (a) receive up to $18,000 per year for up to six years;
111          (b) establish an instructional model that uses 50% of instruction in English and 50% of
112     instruction in another language; and
113          (c) begin the instructional model described under Subsection (3)(b) in kindergarten or
114     grade 1 and add an additional grade each year.
115          (4) During the fiscal years that a school district or charter school receives state funding
116     as a block grant under Part 3, Block Grant Funding Pilot Program, the school district or charter
117     school may use the funding described in Subsection (3)(a) for any public education purpose.
118          Section 3. Section 53A-17a-111 is amended to read:
119          53A-17a-111. Weighted pupil units for programs for students with disabilities --
120     District allocation.

121          (1) The number of weighted pupil units for students with disabilities shall reflect the
122     direct cost of programs for those students conducted in accordance with rules established by the
123     State Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative
124     Rulemaking Act.
125          (2) [Disability] (a) Except as provided in Subsection (2)(b), disability program money
126     allocated to districts is restricted and shall be spent for the education of students with
127     disabilities but may include expenditures for approved programs of services conducted for
128     certified instructional personnel who have students with disabilities in their classes.
129          (b) During the fiscal years that a school district or charter school receives state funding
130     as a block grant under Part 3, Block Grant Funding Pilot Program, the school district or charter
131     school:
132          (i) except as provided in Subsection (2)(b)(ii), may use disability program money
133     described in this section for any public education purpose; and
134          (ii) shall comply with the Individuals with Disabilities Education Act Amendments of
135     1997, Pub. L. No. 105-17, and subsequent amendments.
136          (3) The State Board of Education shall establish and strictly interpret definitions and
137     provide standards for determining which students have disabilities and shall assist districts in
138     determining the services that should be provided to students with disabilities.
139          (4) Each year the board shall evaluate the standards and guidelines that establish the
140     identifying criteria for disability classifications to assure strict compliance with those standards
141     by the districts.
142          (5) (a) Money appropriated to the State Board of Education for add-on WPUs for
143     students with disabilities enrolled in regular programs shall be allocated to school districts as
144     provided in this Subsection (5).
145          (b) Beginning on July 1, 2003, the State Board of Education shall:
146          (i) use a district's average number of special education add-on weighted pupil units
147     determined by the previous five year's average daily membership data as a foundation for the
148     special education add-on appropriation; and
149          (ii) implement a hold harmless provision for up to three years as needed to accomplish
150     a phase-in period for school districts to accommodate the change in the special education
151     add-on WPUs foundation formula.

152          (c) A district's special education add-on WPUs for the current year may not be less than
153     the foundation special education add-on WPUs.
154          (d) Growth WPUs shall be added to the prior year special education add-on WPUs, and
155     growth WPUs shall be determined as follows:
156          (i) The special education student growth factor is calculated by comparing S-3 total
157     special education ADM of two years previous to the current year to the S-3 total special
158     education ADM three years previous to the current year, not to exceed the official October total
159     district growth factor from the prior year.
160          (ii) When calculating and applying the growth factor, a district's S-3 total special
161     education ADM for a given year is limited to 12.18% of the district's S-3 total student ADM
162     for the same year.
163          (iii) Growth ADMs are calculated by applying the growth factor to the S-3 total special
164     education ADM of two years previous to the current year.
165          (iv) Growth ADMs for each district are multiplied by 1.53 weighted pupil units and
166     added to the prior year special education add-on WPU to determine each district's total
167     allocation.
168          (6) If money appropriated under this chapter for programs for students with disabilities
169     does not meet the costs of districts for those programs, each district shall first receive the
170     amount generated for each student with a disability under the basic program.
171          Section 4. Section 53A-17a-112 is amended to read:
172          53A-17a-112. Preschool special education appropriation -- Extended year
173     program appropriation -- Appropriation for special education programs in state
174     institutions -- Appropriations for stipends for special educators.
175          (1) (a) Money appropriated to the State Board of Education for the preschool special
176     education program shall be allocated to school districts to provide a free, appropriate public
177     education to preschool students with a disability, ages three through five, except as provided in
178     Subsection (6).
179          (b) The money shall be distributed on the basis of the school district's count of
180     preschool children with a disability for December 1 of the previous year, as mandated by
181     federal law.
182          (2) Money appropriated for the extended school year program for children with a

183     severe disability shall be limited to students with severe disabilities with education program
184     goals identifying significant regression and recoupment disability as approved by the State
185     Board of Education.
186          (3) (a) Money appropriated for self-contained regular special education programs may
187     not be used to supplement other school programs.
188          (b) Money in any of the other restricted line item appropriations may not be reduced
189     more than 2% to be used for purposes other than those specified by the appropriation, unless
190     otherwise provided by law.
191          (4) (a) The State Board of Education shall compute preschool funding by a factor of
192     1.47 times the current December 1 child count of eligible preschool aged three, four, and
193     five-year-olds times the WPU value, limited to 8% growth over the prior year December 1
194     count.
195          (b) The board shall develop guidelines to implement the funding formula for preschool
196     special education, and establish prevalence limits for distribution of the money.
197          (5) Of the money appropriated for Special Education - State Programming, the State
198     Board of Education shall distribute the revenue generated from 909 WPUs to school districts,
199     charter schools, and the Utah Schools for the Deaf and the Blind for stipends to special
200     educators for additional days of work pursuant to the requirements of Section 53A-17a-158.
201          (6) During the fiscal years that a school district or charter school receives state funding
202     as a block grant under Part 3, Block Grant Funding Pilot Program, the school district or charter
203     school:
204          (a) except as provided in Subsection (6)(b), may use money appropriated under this
205     section for any public education purpose; and
206          (b) shall comply with the Individuals with Disabilities Education Act Amendments of
207     1997, Pub. L. No. 105-17, and subsequent amendments.
208          Section 5. Section 53A-17a-113 is amended to read:
209          53A-17a-113. Weighted pupil units for career and technical education programs
210     -- Funding of approved programs -- Performance measures -- Qualifying criteria.
211          (1) (a) Money appropriated to the State Board of Education for approved career and
212     technical education programs and the comprehensive guidance program:
213          (i) shall be allocated to eligible recipients as provided in Subsections (2), (3), (4), and

214     (5); and
215          (ii) except as provided in Subsections (1)(b) and (8), may not be used to fund programs
216     below the [ninth] grade 9 level.
217          [(b) Subsection (1)(a)(ii) does not apply to the following programs:]
218          (b) Funds appropriated to the State Board of Education for the following programs may
219     be used to fund programs below the grade 9 level:
220          (i) comprehensive guidance;
221          (ii) Technology-Life-Careers; and
222          (iii) work-based learning programs.
223          (2) (a) Weighted pupil units are computed for pupils in approved programs.
224          (b) (i) The board shall fund approved programs based upon hours of membership of
225     [9th through 12th grade] students in grades 9 through 12.
226          (ii) Subsection (2)(b)(i) does not apply to the following programs:
227          (A) comprehensive guidance;
228          (B) Technology-Life-Careers; and
229          (C) work-based learning programs.
230          (c) The board shall use an amount not to exceed 20% of the total appropriation under
231     this section to fund approved programs based on performance measures such as placement and
232     competency attainment defined in standards set by the board.
233          (d) Leadership organization funds shall constitute an amount not to exceed 1% of the
234     total appropriation under this section, and shall be distributed to each local educational agency
235     sponsoring career and technical education student leadership organizations based on the
236     agency's share of the state's total membership in those organizations.
237          (e) The board shall make the necessary calculations for distribution of the
238     appropriation to school districts and may revise and recommend changes necessary for
239     achieving equity and ease of administration.
240          (3) (a) Twenty weighted pupil units shall be computed for career and technical
241     education administrative costs for each district, except 25 weighted pupil units may be
242     computed for each district that consolidates career and technical education administrative
243     services with one or more other districts.
244          (b) Between 10 and 25 weighted pupil units shall be computed for each high school

245     conducting approved career and technical education programs in a district according to
246     standards established by the board.
247          (c) Forty weighted pupil units shall be computed for each district that operates an
248     approved career and technical education center.
249          (d) Between five and seven weighted pupil units shall be computed for each summer
250     career and technical education agriculture program according to standards established by the
251     board.
252          (e) The board shall, by rule, establish qualifying criteria for districts to receive
253     weighted pupil units under this Subsection (3).
254          (4) (a) Money remaining after the allocations made under Subsections (2) and (3) shall
255     be allocated using average daily membership in approved programs for the previous year.
256          (b) A district that has experienced student growth in grades 9 through 12 for the
257     previous year shall have the growth factor applied to the previous year's weighted pupil units
258     when calculating the allocation of money under this Subsection (4).
259          (5) Of the money allocated to comprehensive guidance programs pursuant to board
260     rules, $1,000,000 in grants shall be awarded to school districts or charter schools that:
261          (a) provide an equal amount of matching funds; and
262          (b) do not supplant other funds used for comprehensive guidance programs.
263          (6) (a) The board shall establish rules for the upgrading of high school career and
264     technical education programs.
265          (b) The rules shall reflect career and technical training and actual marketable job skills
266     in society.
267          (c) The rules shall include procedures to assist school districts to convert existing
268     programs which are not preparing students for the job market into programs that will
269     accomplish that purpose.
270          (7) Programs that do not meet board standards may not be funded under this section.
271          (8) During the fiscal years that a school district or charter school receives state funding
272     as a block grant under Part 3, Block Grant Funding Pilot Program, the school district or charter
273     school:
274          (a) may use funds appropriated under this section for any public education purpose;
275     and

276          (b) is not subject to the requirements described in Subsection (1), (3), (5), or (7).
277          Section 6. Section 53A-17a-120.5 is amended to read:
278          53A-17a-120.5. Appropriation for concurrent enrollment.
279          (1) Money appropriated to the State Board of Education for concurrent enrollment shall
280     be allocated as follows:
281          (a) the money shall first be allocated proportionally, based upon student credit hour
282     delivered, between courses that are:
283          (i) taught by public school educators; and
284          (ii) taught by college or university faculty;
285          (b) from the money allocated under Subsection (1)(a)(i):
286          (i) 60% of the money shall be allocated to local school boards and charter schools; and
287          (ii) 40% of the money shall be allocated to the State Board of Regents; and
288          (c) from the money allocated under Subsection (1)(a)(ii):
289          (i) 40% of the money shall be allocated to local school boards and charter schools; and
290          (ii) 60% of the money shall be allocated to the State Board of Regents.
291          (2) The State Board of Education shall make rules providing that a school participating
292     in the concurrent enrollment programs offered under Section 53A-15-101 shall receive an
293     allocation from the money described in Subsection (1) as provided in Section 53A-15-101.
294          (3) The State Board of Regents shall make rules providing that an institution of higher
295     education participating in the concurrent enrollment programs offered under Section
296     53A-15-101 shall receive an allocation from the money described in Subsection (1) as provided
297     in the rules.
298          (4) Subject to budget constraints, the Legislature shall annually increase the money
299     appropriated to the State Board of Education for concurrent enrollment based on:
300          (a) enrollment growth in concurrent enrollment from additional students enrolled,
301     courses offered, and credit hours taken; and
302          (b) the percentage increase in the value of the weighted pupil unit.
303          (5) (a) The State Board of Education and the State Board of Regents shall annually
304     report to the Public Education Appropriations Subcommittee:
305          (i) an accounting of the money appropriated for concurrent enrollment; and
306          (ii) a justification of the split described in Subsections (1)(a) and (b).

307          (b) The State Board of Regents shall annually report to the Higher Education
308     Appropriations Subcommittee on concurrent enrollment participation and growth, including
309     data on what higher education tuition would have been charged for the hours of concurrent
310     enrollment credit granted.
311          (6) [In] (a) Except as provided in Subsection (6)(b), in order to qualify for funds under
312     this section, a concurrent enrollment program shall comply with the requirements described in
313     Section 53A-15-101, including rules adopted in accordance with Subsection 53A-15-101(3).
314          (b) During the fiscal years that a school district or charter school receives state funding
315     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
316     funds appropriated under this section for any public education purpose.
317          Section 7. Section 53A-17a-124.5 is amended to read:
318          53A-17a-124.5. Appropriation for class size reduction.
319          (1) [Money] Except as provided in Subsection (9), funds appropriated to the State
320     Board of Education for class size reduction shall be used to reduce the average class size in
321     kindergarten through [the eighth] grade 8 in the state's public schools.
322          (2) Each school district or charter school shall receive its allocation based upon prior
323     year average daily membership in kindergarten through grade 8 plus growth as determined
324     under Subsection 53A-17a-106(3) as compared to the total prior year average daily
325     membership in kindergarten through grade 8 plus growth of school districts and charter schools
326     that qualify for an allocation pursuant to Subsection (8).
327          (3) (a) A school district may use its allocation to reduce class size in any one or all of
328     the grades referred to under this section, except as otherwise provided in Subsection (3)(b).
329          (b) (i) Each school district or charter school shall use 50% of its allocation to reduce
330     class size in any one or all of grades kindergarten through grade 2, with an emphasis on
331     improving student reading skills.
332          (ii) If a school district's or charter school's average class size is below 18 in grades
333     kindergarten through grade 2, it may petition the state board for, and the state board may grant,
334     a waiver to use its allocation under Subsection (3)(b)(i) for class size reduction in the other
335     grades.
336          (4) [Schools] A school may use nontraditional innovative and creative methods to
337     reduce class sizes with this appropriation and may use part of their allocation to focus on class

338     size reduction for specific groups, such as at risk students, or for specific blocks of time during
339     the school day.
340          (5) (a) A school district or charter school may use up to 20% of its allocation under
341     Subsection (1) for capital facilities projects if such projects would help to reduce class size.
342          (b) If a school district's or charter school's student population increases by 5% or 700
343     students from the previous school year, the school district or charter school may use up to 50%
344     of any allocation it receives under this section for classroom construction.
345          (6) This appropriation is to supplement any other appropriation made for class size
346     reduction.
347          (7) The Legislature shall provide for an annual adjustment in the appropriation
348     authorized under this section in proportion to the increase in the number of students in the state
349     in kindergarten through grade eight.
350          (8) (a) To qualify for class size reduction money, a school district or charter school
351     shall submit:
352          (i) a plan for the use of the school district's or charter school's allocation of class size
353     reduction money to the State Board of Education; and
354          (ii) beginning with the 2014-15 school year, a report on the school district's or charter
355     school's use of class size reduction money in the prior school year.
356          (b) The plan and report required pursuant to Subsection (8)(a) shall include the
357     following information:
358          (i) (A) the number of teachers employed using class size reduction money;
359          (B) the amount of class size reduction money expended for teachers; and
360          (C) if supplemental school district or charter school funds are expended to pay for
361     teachers employed using class size reduction money, the amount of the supplemental money;
362          (ii) (A) the number of paraprofessionals employed using class size reduction money;
363          (B) the amount of class size reduction money expended for paraprofessionals; and
364          (C) if supplemental school district or charter school funds are expended to pay for
365     paraprofessionals employed using class size reduction money, the amount of the supplemental
366     money; and
367          (iii) the amount of class size reduction money expended for capital facilities.
368          (c) In addition to submitting a plan and report on the use of class size reduction money,

369     a school district or charter school shall annually submit a report to the State Board of Education
370     that includes the following information:
371          (i) the number of teachers employed using K-3 Reading Improvement Program money
372     received pursuant to Sections 53A-17a-150 and 53A-17a-151;
373          (ii) the amount of K-3 Reading Improvement Program money expended for teachers;
374          (iii) the number of teachers employed in kindergarten through grade 8 using Title I
375     money;
376          (iv) the amount of Title I money expended for teachers in kindergarten through grade
377     8; and
378          (v) a comparison of actual average class size by grade in grades kindergarten through 8
379     in the school district or charter school with what the average class size would be without the
380     expenditure of class size reduction, K-3 Reading Improvement Program, and Title I money.
381          (d) The information required to be reported in Subsections (8)(b)(i)(A) through (C),
382     (8)(b)(ii)(A) through (C), and (8)(c) shall be categorized by a teacher's or paraprofessional's
383     teaching assignment, such as the grade level, course, or subject taught.
384          (e) The State Board of Education may make rules specifying procedures and standards
385     for the submission of:
386          (i) a plan and a report on the use of class size reduction money as required by this
387     section; and
388          (ii) a report required under Subsection (8)(c).
389          (f) Based on the data contained in the class size reduction plans and reports submitted
390     by school districts and charter schools, and data on average class size, the State Board of
391     Education shall annually report to the Education Interim Committee on the impact of class size
392     reduction, K-3 Reading Improvement Program, and Title I money on class size.
393          (9) During the fiscal years that a school district or charter school receives state funding
394     under Part 3, Block Grant Funding Pilot Program, the school district or charter school:
395          (a) may use funds received under this section for any public education purpose; and
396          (b) is not subject to the requirements in Subsection (3), (5), or (8).
397          Section 8. Section 53A-17a-127 is amended to read:
398          53A-17a-127. Eligibility for state-supported transportation -- Approved bus
399     routes -- Additional local tax.

400          (1) A student eligible for state-supported transportation means:
401          (a) a student enrolled in kindergarten through grade six who lives at least 1-1/2 miles
402     from school;
403          (b) a student enrolled in grades seven through 12 who lives at least two miles from
404     school; and
405          (c) a student enrolled in a special program offered by a school district and approved by
406     the State Board of Education for trainable, motor, multiple-disability, or other students with
407     severe disabilities who are incapable of walking to school or where it is unsafe for students to
408     walk because of their disabling condition, without reference to distance from school.
409          (2) If a school district implements double sessions as an alternative to new building
410     construction, with the approval of the State Board of Education, those affected elementary
411     school students residing less than 1-1/2 miles from school may be transported one way to or
412     from school because of safety factors relating to darkness or other hazardous conditions as
413     determined by the local school board.
414          (3) (a) The State Board of Education shall distribute transportation money to school
415     districts based on:
416          (i) an allowance per mile for approved bus routes;
417          (ii) an allowance per hour for approved bus routes; and
418          (iii) a minimum allocation for each school district eligible for transportation funding.
419          (b) The State Board of Education shall distribute appropriated transportation funds
420     based on the prior year's eligible transportation costs as legally reported under Subsection
421     53A-17a-126(3).
422          (c) The State Board of Education shall annually review the allowance per mile and the
423     allowance per hour and adjust the allowances to reflect current economic conditions.
424          (4) (a) Approved bus routes for funding purposes shall be determined on fall data
425     collected by October 1.
426          (b) Approved route funding shall be determined on the basis of the most efficient and
427     economic routes.
428          (5) A transportation advisory committee with representation from local school
429     superintendents, business officials, school district transportation supervisors, and the state
430     superintendent's staff shall serve as a review committee for addressing school transportation

431     needs, including recommended approved bus routes.
432          (6) During the fiscal years that a school district or charter school receives state funding
433     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
434     funding provided under this section for any public education purpose.
435          [(6)] (7) (a) Except as provided in Subsection [(6)] (7)(e), a local school board may
436     provide for the transportation of students regardless of the distance from school, from:
437          (i) general funds of the district; and
438          (ii) a tax rate not to exceed .0003 per dollar of taxable value imposed on the district.
439          (b) A local school board may use revenue from the tax described in Subsection [(6)]
440     (7)(a)(ii) to pay for transporting students and for the replacement of school buses.
441          (c) (i) If a local school board levies a tax under Subsection [(6)] (7)(a)(ii) of at least
442     .0002, the state may contribute an amount not to exceed 85% of the state average cost per mile,
443     contingent upon the Legislature appropriating funds for a state contribution.
444          (ii) The state superintendent's staff shall distribute the state contribution according to
445     rules enacted by the State Board of Education.
446          (d) (i) The amount of state guarantee money which a school district would otherwise be
447     entitled to receive under Subsection [(6)] (7)(c) may not be reduced for the sole reason that the
448     district's levy is reduced as a consequence of changes in the certified tax rate under Section
449     59-2-924 due to changes in property valuation.
450          (ii) Subsection [(6)] (7)(d)(i) applies for a period of two years following the change in
451     the certified tax rate.
452          (e) Beginning January 1, 2012, a local school board may not impose a tax in
453     accordance with this Subsection [(6)] (7).
454          [(7)] (8) (a) (i) If a local school board expends an amount of revenue equal to at least
455     .0002 per dollar of taxable value of the school district's board local levy imposed under Section
456     53A-17a-164 for the uses described in Subsection [(6)] (7)(b), the state may contribute an
457     amount not to exceed 85% of the state average cost per mile, contingent upon the Legislature
458     appropriating funds for a state contribution.
459          (ii) The state superintendent's staff shall distribute the state contribution according to
460     rules enacted by the State Board of Education.
461          (b) (i) The amount of state guarantee money that a school district would otherwise be

462     entitled to receive under Subsection [(7)] (8)(a) may not be reduced for the sole reason that the
463     district's levy is reduced as a consequence of changes in the certified tax rate under Section
464     59-2-924 due to changes in property valuation.
465          (ii) Subsection [(7)] (8)(b)(i) applies for a period of two years following the change in
466     the certified tax rate.
467          Section 9. Section 53A-17a-150 is amended to read:
468          53A-17a-150. K-3 Reading Improvement Program.
469          (1) As used in this section:
470          (a) "Board" means the State Board of Education.
471          (b) "Five domains of reading" include phonological awareness, phonics, fluency,
472     comprehension, and vocabulary.
473          (c) "Program" means the K-3 Reading Improvement Program.
474          (d) "Program money" means:
475          (i) school district revenue allocated to the program from other money available to the
476     school district, except money provided by the state, for the purpose of receiving state funds
477     under this section; and
478          (ii) money appropriated by the Legislature to the program.
479          (2) The K-3 Reading Improvement Program consists of program money and is created
480     to supplement other school resources to achieve the state's goal of having third graders reading
481     at or above grade level.
482          (3) Subject to future budget constraints, the Legislature may annually appropriate
483     money to the K-3 Reading Improvement Program.
484          (4) (a) [To] Except as provided in Subsection (4)(e), to receive program money, a
485     school district or charter school [must] shall submit a plan to the board for reading proficiency
486     improvement that incorporates the following components:
487          (i) assessment;
488          (ii) intervention strategies;
489          (iii) professional development for classroom teachers in kindergarten through grade
490     three;
491          (iv) reading performance standards; and
492          (v) specific measurable goals that include the following:

493          (A) a growth goal for each school within a school district and each charter school
494     based upon student learning gains as measured by benchmark assessments administered
495     pursuant to Section 53A-1-606.6; and
496          (B) a growth goal for each school district and charter school to increase the percentage
497     of third grade students who read on grade level from year to year as measured by the third
498     grade reading test administered pursuant to Section 53A-1-603.
499          (b) The board shall provide model plans which a school district or charter school may
500     use, or the school district or charter school may develop its own plan.
501          (c) Plans developed by a school district or charter school shall be approved by the
502     board.
503          (d) The board shall develop uniform standards for acceptable growth goals that a
504     school district or charter school adopts as described in this Subsection (4).
505          (e) During the fiscal years that a school district or charter school receives state funding
506     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may
507     receive funding under this section without submitting a plan under Subsection (4)(a).
508          (5) (a) There is created within the K-3 Reading Achievement Program three funding
509     programs:
510          (i) the Base Level Program;
511          (ii) the Guarantee Program; and
512          (iii) the Low Income Students Program.
513          (b) The board may use no more than $7,500,000 from an appropriation described in
514     Subsection (3) for computer-assisted instructional learning and assessment programs.
515          (6) Money appropriated to the board for the K-3 Reading Improvement Program and
516     not used by the board for computer-assisted instructional learning and assessments as described
517     in Subsection (5)(b), shall be allocated to the three funding programs as follows:
518          (a) 8% to the Base Level Program;
519          (b) 46% to the Guarantee Program; and
520          (c) 46% to the Low Income Students Program.
521          (7) (a) [To] Except as provided in Subsection (7)(c), to participate in the Base Level
522     Program, a school district or charter school shall submit a reading proficiency improvement
523     plan to the board as provided in Subsection (4) and must receive approval of the plan from the

524     board.
525          (b) (i) Each school district qualifying for Base Level Program funds and the qualifying
526     elementary charter schools combined shall receive a base amount.
527          (ii) The base amount for the qualifying elementary charter schools combined shall be
528     allocated among each school in an amount proportionate to:
529          (A) each existing charter school's prior year fall enrollment in grades kindergarten
530     through grade three; and
531          (B) each new charter school's estimated fall enrollment in grades kindergarten through
532     grade three.
533          (c) During the fiscal years that a school district or charter school receives state funding
534     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may
535     participate in the Base Level Program without:
536          (i) submitting a reading improvement plan to the board; or
537          (ii) receiving board approval of a reading improvement plan.
538          (8) (a) A school district that applies for program money in excess of the Base Level
539     Program funds shall choose to first participate in either the Guarantee Program or the Low
540     Income Students Program.
541          (b) A school district must fully participate in either the Guarantee Program or the Low
542     Income Students Program before it may elect to either fully or partially participate in the other
543     program.
544          (c) To fully participate in the Guarantee Program, a school district shall allocate to the
545     program money available to the school district, except money provided by the state, equal to
546     the amount of revenue that would be generated by a tax rate of .000056.
547          (d) To fully participate in the Low Income Students Program, a school district shall
548     allocate to the program money available to the school district, except money provided by the
549     state, equal to the amount of revenue that would be generated by a tax rate of .000065.
550          (e) (i) The board shall verify that a school district allocates the money required in
551     accordance with Subsections (8)(c) and (d) before it distributes funds in accordance with this
552     section.
553          (ii) The State Tax Commission shall provide the board the information the board needs
554     in order to comply with Subsection (8)(e)(i).

555          (9) (a) Except as provided in Subsection (9)(c), a school district that fully participates in
556     the Guarantee Program shall receive state funds in an amount that is:
557          (i) equal to the difference between $21 times the district's total WPUs and the revenue
558     the school district is required to allocate under Subsection (8)(c) to fully participate in the
559     Guarantee Program; and
560          (ii) not less than $0.
561          (b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
562     under the Guarantee Program an amount equal to $21 times the school's total WPUs.
563          (c) The board may adjust the $21 guarantee amount described in Subsections (9)(a) and
564     (b) to account for actual appropriations and money used by the board for computer-assisted
565     instructional learning and assessments.
566          (10) The board shall distribute Low Income Students Program funds in an amount
567     proportionate to the number of students in each school district or charter school who qualify for
568     free or reduced price school lunch multiplied by two.
569          (11) A school district that partially participates in the Guarantee Program or Low
570     Income Students Program shall receive program funds based on the amount of school district
571     revenue allocated to the program as a percentage of the amount of revenue that could have been
572     allocated if the school district had fully participated in the program.
573          (12) (a) [A] Except as provided in Subsection (12)(d), a school district or charter
574     school shall use program money for reading proficiency improvement interventions in grades
575     kindergarten through grade 3 that have proven to significantly increase the percentage of
576     students reading at grade level, including:
577          (i) reading assessments; and
578          (ii) focused reading remediations that may include:
579          (A) the use of reading specialists;
580          (B) tutoring;
581          (C) before or after school programs;
582          (D) summer school programs; or
583          (E) the use of reading software; or
584          (F) the use of interactive computer software programs for literacy instruction and
585     assessments for students.

586          (b) A school district or charter school may use program money for portable technology
587     devices used to administer reading assessments.
588          (c) Program money may not be used to supplant funds for existing programs, but may
589     be used to augment existing programs.
590          (d) During the fiscal years that a school district or charter school receives state funding
591     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
592     funds appropriated under this section for any public education purpose.
593          (13) (a) Each school district and charter school shall annually submit a report to the
594     board accounting for the expenditure of program money in accordance with its plan for reading
595     proficiency improvement.
596          (b) On or before the November meeting of the Education Interim Committee of each
597     year, the board shall report a summary of the reading improvement program expenditures of
598     each school district and charter school.
599          (c) [If] Except as provided in Subsection (13)(d), if a school district or charter school
600     uses program money in a manner that is inconsistent with Subsection (12), the school district or
601     charter school is liable for reimbursing the board for the amount of program money improperly
602     used, up to the amount of program money received from the board.
603          (d) During the fiscal years that a school district or charter school receives state funding
604     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
605     funds appropriated under this section for any public education purpose.
606          (14) (a) The board shall make rules to implement the program.
607          (b) (i) The rules under Subsection (14)(a) shall require each school district or charter
608     school to annually report progress in meeting school and school district goals stated in the
609     school district's or charter school's plan for student reading proficiency.
610          (ii) If a school does not meet or exceed the school's goals, the school district or charter
611     school shall prepare a new plan which corrects deficiencies. [The]
612          (iii) Except as provided in Subsection (14)(b)(iv), the new plan must be approved by
613     the board before the school district or charter school receives an allocation for the next year.
614          (iv) During the fiscal years that a school district or charter school receives state funding
615     under Part 3, Block Grant Funding Pilot Program, the school district or charter school shall
616     receive an allocation for the next year regardless of board approval of the school district's plan

617     for student reading proficiency.
618          (15) (a) [If] Except as provided in Subsection (15)(b), if for two consecutive school
619     years, a school district fails to meet its goal to increase the percentage of third grade students
620     who read on grade level as measured by the third grade reading test administered pursuant to
621     Section 53A-1-603, the school district shall terminate any levy imposed under Section
622     53A-17a-151 and may not receive money appropriated by the Legislature for the K-3 Reading
623     Improvement Program.
624          (b) During the fiscal years that a school district or charter school receives state funding
625     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may
626     receive funds appropriated under this section if the school district or charter school fails to
627     meet the school district's or charter school's goal under Subsection (15)(a).
628          [(b)] (c) If for two consecutive school years, a charter school fails to meet its goal to
629     increase the percentage of third grade students who read on grade level as measured by the
630     third grade reading test administered pursuant to Section 53A-1-603, the charter school may
631     not receive money appropriated by the Legislature for the K-3 Reading Improvement Program.
632          (16) The board shall make an annual report to the Public Education Appropriations
633     Subcommittee that:
634          (a) includes information on:
635          (i) student learning gains in reading for the past school year and the five-year trend;
636          (ii) the percentage of third grade students reading on grade level in the past school year
637     and the five-year trend;
638          (iii) the progress of schools and school districts in meeting goals stated in a school
639     district's or charter school's plan for student reading proficiency; and
640          (iv) the correlation between third grade students reading on grade level and results of
641     third grade language arts scores on a criterion-referenced test or computer adaptive test; and
642          (b) may include recommendations on how to increase the percentage of third grade
643     students who read on grade level.
644          Section 10. Section 53A-17a-154 is amended to read:
645          53A-17a-154. Appropriation for school nurses.
646          (1) The State Board of Education shall distribute money appropriated for school nurses
647     to award grants to school districts and charter schools that:

648          [(1)] (a) provide an equal amount of matching funds; and
649          [(2)] (b) do not supplant other money used for school nurses.
650          (2) During the fiscal years that a school district or charter school receives state funding
651     as a block grant under Part 3, Block Grant Funding Pilot Program, the school district or charter
652     school may use the funding described in this section for any public education purpose.
653          Section 11. Section 53A-17a-155 is amended to read:
654          53A-17a-155. Appropriation for library books and electronic resources.
655          (1) The State Board of Education shall distribute money appropriated for library books
656     and electronic resources as follows:
657          (a) 25% shall be divided equally among all public schools; and
658          (b) 75% shall be divided among public schools based on each school's average daily
659     membership as compared to the total average daily membership.
660          (2) A school district or charter school may not use money distributed under Subsection
661     (1) to supplant other money used to purchase library books or electronic resources.
662          (3) During the fiscal years that a school district or charter school receives state funding
663     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
664     funds appropriated under this section for any public education purpose.
665          Section 12. Section 53A-17a-159 is amended to read:
666          53A-17a-159. Utah Science Technology and Research Initiative Centers
667     Program.
668          (1) (a) The Utah Science Technology and Research Initiative (USTAR) Centers
669     Program is created to provide a financial incentive for charter schools and school districts to
670     adopt programs that result in a more efficient use of human resources and capital facilities.
671          (b) The potential benefits of the USTAR Centers Program include:
672          (i) increased compensation for math and science teachers by providing opportunities
673     for an expanded contract year which will enhance school districts' and charter schools' ability to
674     attract and retain talented and highly qualified math and science teachers;
675          (ii) increased capacity of school buildings by using buildings more hours of the day or
676     more days of the year, resulting in reduced capital facilities costs;
677          (iii) decreased class sizes created by expanding the number of instructional
678     opportunities in a year;

679          (iv) opportunities for earlier high school graduation;
680          (v) improved student college preparation;
681          (vi) increased opportunities to offer additional remedial and advanced courses in math
682     and science;
683          (vii) opportunities to coordinate high school and post-secondary math and science
684     education; and
685          (viii) the creation or improvement of science, technology, engineering, and math
686     centers (STEM Centers).
687          (2) [From] (a) Except as provided in Subsection (2)(b), from money appropriated for
688     the USTAR Centers Program, the State Board of Education shall award grants to charter
689     schools and school districts to pay for costs related to the adoption and implementation of the
690     program.
691          (b) During the fiscal years that a school district or charter school receives state funding
692     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
693     funds appropriated under this section for any public education purpose.
694          (3) The State Board of Education shall:
695          (a) solicit proposals from the State Charter School Board and school districts for the
696     use of grant money to facilitate the adoption and implementation of the program; and
697          (b) award grants on a competitive basis.
698          (4) The State Charter School Board shall:
699          (a) solicit proposals from charter schools that may be interested in participating in the
700     USTAR Centers Program;
701          (b) prioritize the charter school proposals and consolidate them into the equivalent of a
702     single school district request; and
703          (c) submit the consolidated request to the State Board of Education.
704          (5) In selecting a grant recipient, the State Board of Education shall consider:
705          (a) the degree to which a charter school or school district's proposed adoption and
706     implementation of an extended year for math and science teachers achieves the benefits
707     described in Subsection (1);
708          (b) the unique circumstances of different urban, rural, large, small, growing, and
709     declining charter schools and school districts; and

710          (c) providing pilot programs in as many different school districts and charter schools as
711     possible.
712          (6) (a) Except as provided in [Subsection] Subsections (6)(b) and (c), a school district
713     or charter school may only use grant money to provide full year teacher contracts, part-time
714     teacher contract extensions, or combinations of both, for math and science teachers.
715          (b) Up to 5% of the grant money may be used to fund math and science field trips,
716     textbooks, and supplies.
717          (c) During the fiscal years that a school district or charter school receives state funding
718     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
719     USTAR grant money appropriated under this section for any public education purpose.
720          (7) Participation in the USTAR Centers Program shall be:
721          (a) voluntary for an individual teacher; and
722          (b) voluntary for a charter school or school district.
723          (8) The State Board of Education shall make an annual report during the 2009, 2010,
724     and 2011 interims to the Public Education Appropriations Subcommittee describing the
725     program's impact on students and its effectiveness at achieving the benefits described in
726     Subsection (1).
727          Section 13. Section 53A-17a-162 is amended to read:
728          53A-17a-162. Beverley Taylor Sorenson Elementary Arts Learning Program.
729          (1) The Legislature finds that a strategic placement of arts in elementary education can
730     impact the critical thinking of students in other core subject areas, including mathematics,
731     reading, and science.
732          (2) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
733     enhance the social, emotional, academic, and arts learning of students in kindergarten through
734     grade six by integrating arts teaching and learning into core subject areas.
735          (3) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
736     Learning Program, the State Board of Education shall, after consulting with the Utah Arts
737     Council and receiving their recommendations:
738          (a) subject to Subsection [(6)] (7), establish a grant program to allow school districts
739     and charter schools to hire 50 highly qualified, full-time arts specialists to be based at 50
740     schools;

741          (b) provide up to $10,000 in one-time funds for each school arts specialist described
742     under Subsection (3)(a) to purchase supplies and equipment;
743          (c) establish a grant program to allow 10 school districts to hire art coordinators,
744     provided that a qualifying school district provides matching funds in an amount equal to the
745     grant amount; and
746          (d) annually contract with an independent, qualified evaluator, selected through a
747     request for proposals process, to evaluate the Beverley Taylor Sorenson Elementary Arts
748     Learning Program.
749          (4) Beverley Taylor Sorenson Elementary Arts Learning Program money may not be
750     used to supplant funds for existing programs funded by the state, but shall be used to augment
751     existing programs.
752          (5) [Schools that participate] Except as provided in Subsection (6)(b), a school that
753     participates in the Beverley Taylor Sorenson Elementary Arts Learning Program shall partner
754     with [institutions] an institution of higher education that [award] awards elementary education
755     degrees to obtain quality pre-service and in-service training, research, and leadership
756     development for arts education.
757          (6) During the fiscal years that a school district or charter school receives state funding
758     under Part 3, Block Grant Funding Pilot Program, the school district or charter school:
759          (a) may use funds awarded under this section for any public education purpose; and
760          (b) is not required to partner with an institution of higher education as described in
761     Subsection (5).
762          [(6)] (7) (a) Beginning with the 2011-12 school year, a school district or charter school
763     may receive a grant under Subsection (3)(a) if the school district or charter school provides
764     matching funds for 10% of the grant amount.
765          (b) A qualifying school district or charter school under Subsection [(6)] (7)(a) shall
766     increase its match amount by an additional 10% each subsequent year, until the school district
767     or charter school provides matching funds in an amount equal to the grant amount.
768          [(7)] (8) Beginning with the 2011-12 school year, the State Board of Education shall
769     make funds available for additional schools to participate in the [Beverly] Beverley Taylor
770     Sorenson Elementary Arts Learning Program, corresponding to the amount of the matching
771     funds required from schools under Subsection [(6)] (7).

772          [(8)] (9) The State Board of Education shall, after consultation with the Utah Arts
773     Council, make an annual report during the 2009, 2010, and 2011 interims to the Education
774     Interim Committee describing the program's impact on students in kindergarten through grade
775     [six] 6.
776          Section 14. Section 53A-17a-165 is amended to read:
777          53A-17a-165. Enhancement for Accelerated Students Program.
778          (1) As used in this section, "eligible low-income student" means a student who:
779          (a) takes an Advanced Placement test;
780          (b) has applied for an Advanced Placement test fee reduction; and
781          (c) qualifies for a free or a lunch provided at reduced cost.
782          (2) The State Board of Education shall distribute money appropriated for the
783     Enhancement for Accelerated Students Program to school districts and charter schools
784     according to a formula adopted by the State Board of Education, after consultation with school
785     districts and charter schools.
786          (3) A distribution formula adopted under Subsection (2) may include an allocation of
787     money for:
788          (a) Advanced Placement courses;
789          (b) Advanced Placement test fees of eligible low-income students;
790          (c) gifted and talented programs, including professional development for teachers of
791     high ability students; and
792          (d) International Baccalaureate programs.
793          (4) The greater of 1.5% or $100,000 of the appropriation for the Enhancement for
794     Accelerated Students Program may be allowed for International Baccalaureate programs.
795          (5) [A] (a) Except as provided in Subsection (5)(b), a school district or charter school
796     shall use money distributed under this section to enhance the academic growth of students
797     whose academic achievement is accelerated.
798          (b) During the fiscal years that a school district or charter school receives state funding
799     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
800     funds appropriated under this section for any public education purpose.
801          (6) (a) The State Board of Education shall develop performance criteria to measure the
802     effectiveness of the Enhancement for Accelerated Students Program and make an annual report

803     to the Public Education Appropriations Subcommittee on the effectiveness of the program.
804          (b) In the report required by Subsection (6)(a), the State Board of Education shall
805     include data showing the use and impact of money allocated for Advanced Placement test fees
806     of eligible low-income students.
807          Section 15. Section 53A-17a-167 is amended to read:
808          53A-17a-167. Early intervention program -- Enhanced kindergarten program --
809     Educational technology.
810          (1) The State Board of Education shall, as described in Subsection [(4)] (5), distribute
811     funds appropriated under this section for an enhanced kindergarten program described in
812     Subsection (2), to school districts and charter schools that apply for the funds.
813          (2) [A] (a) Except as provided in Subsection (3), a school district or charter school
814     shall use funds appropriated in this section to offer an early intervention program, delivered
815     through an enhanced kindergarten program that:
816          (a) is an academic program focused on building age-appropriate literacy and numeracy
817     skills;
818          (b) uses an evidence-based early intervention model;
819          (c) is targeted to at-risk students; and
820          (d) is delivered through additional hours or other means.
821          (3) During the fiscal years that a school district or charter school receives state funding
822     under Part 3, Block Grant Funding Pilot Program, the school district or charter school may use
823     funds appropriated under this section for any public education purpose.
824          [(3)] (4) A school district or charter school may not require a student to participate in
825     an enhanced kindergarten program described in Subsection (2).
826          [(4)] (5) The State Board of Education shall distribute funds appropriated under this
827     section for an enhanced kindergarten program described in Subsection (2) as follows:
828          (a) (i) the total allocation for charter schools shall be calculated by:
829          (A) dividing the number of charter school students by the total number of students in
830     the public education system in the prior school year; and
831          (B) multiplying the resulting percentage by the total amount of available funds; and
832          (ii) the amount calculated under this Subsection [(4)] (5)(a) shall be distributed to
833     charter schools with the greatest need for an enhanced kindergarten program, as determined by

834     the State Board of Education in consultation with the State Charter School Board;
835          (b) each school district shall receive the amount calculated by:
836          (i) multiplying the value of the weighted pupil unit by 0.45; and
837          (ii) multiplying the result by 20; and
838          (c) the remaining funds, after the allocations described in Subsections [(4)] (5)(a) and
839     [(4)](b) are made, shall be distributed to applicant school districts by:
840          (i) determining the number of students eligible to receive free lunch in the prior school
841     year for each school district; and
842          (ii) prorating the remaining funds based on the number of students eligible to receive
843     free lunch in each district.
844          [(5)] (6) In addition to an enhanced kindergarten program described in Subsection (2),
845     the early intervention program includes a component to address early intervention through the
846     use of an interactive computer software program.
847          [(6)] (7) (a) Subject to legislative appropriations, by September 1 of each year, the
848     State Board of Education shall select one or more technology providers, through a request for
849     proposals process, to provide an interactive computer software program for literacy instruction
850     and assessments for students in kindergarten through grade 3.
851          (b) The State Board of Education shall distribute licenses for an interactive computer
852     software program described in Subsection [(6)] (7)(a) to school districts and charter schools
853     that apply for the licenses.
854          (c) A school district or charter school that received a license described in Subsection
855     [(6)] (7)(b) during the prior year shall be given first priority to receive an equivalent license
856     during the current year.
857          (d) Licenses distributed to school districts and charter schools in addition to the
858     licenses described in Subsection [(6)] (7)(c) shall be distributed through a competitive process.
859          [(7)] (8) On or before November 1, 2013, and every year thereafter, the State Board of
860     Education shall report final testing data regarding an interactive computer software program
861     described in Subsection [(6)] (7), including student learning gains as a result of the interactive
862     computer software program, to:
863          (a) the Education Interim Committee; and
864          (b) the governor.

865          Section 16. Section 53A-17a-168 is amended to read:
866          53A-17a-168. Appropriation for Title 1 Schools in Improvement Paraeducators
867     Program.
868          (1) As used in this section:
869          (a) "Eligible school" means a Title 1 school that has not achieved adequate yearly
870     progress, as defined in the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq., in
871     the same subject area for two consecutive years.
872          (b) "Paraeducator" means a school employee who:
873          (i) delivers instruction under the direct supervision of a teacher; and
874          (ii) meets the requirements under Subsection (3).
875          (c) "Program" means the Title 1 Schools in Improvement Paraeducators Program
876     created in this section.
877          (2) The program is created to provide funding for eligible schools to hire paraeducators
878     to provide additional instructional aid in the classroom to assist students in achieving academic
879     success and assist the school in exiting Title 1 school improvement status.
880          (3) A paraeducator who is funded under this section shall have:
881          (a) earned a secondary school diploma or a recognized equivalent;
882          (b) (i) completed at least two years with a minimum of 48 semester hours at an
883     accredited higher education institution;
884          (ii) obtained an associates or higher degree from an accredited higher education
885     institution; or
886          (iii) satisfied a rigorous state or local assessment about the individual's knowledge of,
887     and ability to assist in instructing students in reading, writing, and mathematics; and
888          (c) received large group-, small group-, and individual-level professional development
889     that is intensive and focused and covers curriculum, instruction, assessment, classroom and
890     behavior management, and teaming.
891          (4) The State Board of Education shall distribute money appropriated for the program
892     to eligible schools, in accordance with rules adopted by the board.
893          (5) During the fiscal years that a school district or charter school receives state funding
894     as a block grant under Part 3, Block Grant Funding Pilot Program, the school district or charter
895     school may use the funding described in Subsections (2) and (4) for any public education

896     purpose.
897          [(5)] (6) Funds appropriated under the program may not be used to supplant other
898     money used for paraeducators at eligible schools.
899          [(6)] (7) The State Board of Education shall submit an annual report to the
900     Legislature's Public Education Appropriations Subcommittee that includes information on:
901          (a) the amount of money distributed to each eligible school under this section;
902          (b) how many paraeducators were hired at each eligible school with program money;
903          (c) additional funding eligible schools used to supplement program money in hiring
904     paraeducators; and
905          (d) accountability measures, including test scores of students served by the program.
906          Section 17. Section 53A-17a-301 is enacted to read:
907     
Part 3. Block Grant Funding Pilot Program

908          53A-17a-301. Definitions.
909          As used in this part:
910          (1) "Board" means the State Board of Education.
911          (2) "Local Education Agency" or "LEA" means:
912          (a) a school district; or
913          (b) a charter school.
914          (3) "Pilot LEA" means an LEA chosen by the board to participate in the program.
915          (4) "Program" means the Block Grant Funding Pilot Program.
916          Section 18. Section 53A-17a-302 is enacted to read:
917          53A-17a-302. Block Grant Funding Pilot Program -- Creation -- Administration --
918     Evaluation.
919          (1) There is created the Block Grant Funding Pilot Program to give an LEA flexibility
920     in administering programs by providing state funding to the LEA as a block grant.
921          (2) (a) Except as provided in Subsection (2)(b), and subject to Subsection (6), a pilot
922     LEA shall receive, as a block grant to be used for any public education purpose, funding
923     appropriated through:
924          (i) the state-supported Minimum School Program described in Part 1, Minimum
925     School Program; and
926          (ii) the Capital Outlay Foundation Program described in Chapter 21, Part 2, Capital

927     Outlay Foundation Program.
928          (b) The following state funding sources are not included in a block grant described in
929     Subsection (2)(a):
930          (i) the School LAND Trust Program described in Section 53A-16-101.5; and
931          (ii) the Teacher Salary Supplement Program described in Section 53A-17a-156.
932          (3) On a competitive basis, an LEA may apply to the board, on or before August 1,
933     2015, to be selected as a pilot LEA.
934          (4) The board shall:
935          (a) determine requirements for an LEA's application to participate in the program;
936          (b) on or before November 1, 2015, select two or more qualified pilot LEAs to
937     participate in the program;
938          (c) determine the total funding a pilot LEA would receive under the regular funding
939     formula for the programs described in Subsection (2)(a) for each year of the pilot, and provide
940     that funding to a pilot LEA as a block grant;
941          (d) work with a pilot LEA to develop goals for using the block grant and assess
942     progress toward those goals; and
943          (e) determine reporting requirements for a pilot LEA.
944          (5) The board shall begin distributing funding as a block grant to a pilot LEA
945     beginning in the 2016-17 school year or the 2017-18 school year, and continuing for three
946     consecutive school years, except as provided in Subsection (9).
947          (6) A pilot LEA may not spend funds provided through the block grant in a way that
948     would violate:
949          (a) the Individuals with Disabilities Education Act Amendments of 1997, Pub. L. No.
950     105-17, and subsequent amendments;
951          (b) the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301, et seq.; or
952          (c) any other federal law or regulation that governs special categorical funding.
953          (7) The board shall determine:
954          (a) qualifications for a selected pilot LEA;
955          (b) a formula that determines the amount of funding a pilot LEA receives for each year
956     based on:
957          (i) funding the LEA would have received through funding formulas for the

958     state-supported Minimum School Program and Capital Outlay Foundation Program;
959          (ii) anticipated growth in the pilot LEA in the pilot year; and
960          (iii) any other factor the board determines is appropriate; and
961          (c) performance information that the board requires a pilot LEA to report, including:
962          (i) goals for the program;
963          (ii) progress toward the goals; and
964          (iii) the impacts of the program on students and teachers.
965          (8) The board shall, as possible, exempt a pilot LEA from financial reporting
966     requirements.
967          (9) The board may cancel a pilot LEA's participation in the program before the end of
968     the program:
969          (a) if the pilot LEA requests removal from the program; or
970          (b) for good cause.
971          (10) (a) On or before November 1, 2015, and each year of the program, the board shall
972     report to the Education Interim Committee on the status of the program.
973          (b) The annual report to the Education Interim Committee described in Subsection
974     (10)(a) shall include a summary of accounting for each pilot LEA.
975          Section 19. Section 53A-21-202 is amended to read:
976          53A-21-202. Capital Outlay Foundation Program -- Distribution formulas --
977     Allocations.
978          (1) (a) The State Board of Education shall determine the foundation guarantee level per
979     ADM that fully allocates the funds appropriated to the State Board of Education for
980     distribution under this section.
981          (b) In determining the foundation guarantee level per ADM and a school district's
982     allocation of funds under this part, the State Board of Education shall use data from the fiscal
983     year that is two years prior to the fiscal year the school district receives the allocation,
984     including the:
985          (i) number of pupils in average daily membership;
986          (ii) tax rates; and
987          (iii) derived net taxable value.
988          (2) By June 1, a county treasurer shall report to the State Board of Education the actual

989     collections of property taxes in the school districts located within the county treasurer's county
990     for the period beginning April 1 through the following March 31 immediately preceding that
991     June 1.
992          (3) If a qualifying school district imposes a combined capital levy rate that is greater
993     than or equal to the base tax effort rate, the State Board of Education shall allocate to the
994     qualifying school district an amount equal to the product of the following:
995          (a) the qualifying school district's ADM; and
996          (b) an amount equal to the difference between the following:
997          (i) the foundation guarantee level per ADM, as determined in accordance with
998     Subsection (1); and
999          (ii) the qualifying school district's property tax yield per ADM.
1000          (4) If a qualifying school district imposes a combined capital levy rate less than the
1001     base tax effort rate, the State Board of Education shall allocate to the qualifying school district
1002     an amount equal to the product of the following:
1003          (a) the qualifying school district's ADM;
1004          (b) an amount equal to the difference between the following:
1005          (i) the foundation guarantee level per ADM; and
1006          (ii) the qualifying school district's property tax yield per ADM; and
1007          (c) a percentage equal to:
1008          (i) the qualifying school district's combined capital levy rate; divided by
1009          (ii) the base tax effort rate.
1010          (5) (a) The State Board of Education shall allocate:
1011          (i) a minimum of $200,000 to each small school district with a property tax base per
1012     ADM less than or equal to the statewide average property tax base per ADM;
1013          (ii) a minimum of $100,000 to each small school district with a property tax base per
1014     ADM that is:
1015          (A) greater than the statewide average property tax base per ADM; and
1016          (B) less than or equal to two times the statewide average property tax base per ADM;
1017     and
1018          (iii) a minimum of $50,000 to each small school district with a property tax base per
1019     ADM that is:

1020          (A) greater than two times the statewide average property tax base per ADM; and
1021          (B) less than or equal to five times the statewide average property tax base per ADM.
1022          (b) The State Board of Education shall incorporate the minimum allocations described
1023     in Subsection (5)(a) in its calculation of the foundation guarantee level per ADM determined in
1024     accordance with Subsection (1).
1025          (6) During the fiscal years that a school district or charter school receives state funding
1026     as a block grant under Part 3, Block Grant Funding Pilot Program, the school district or charter
1027     school may use funding allocated under this section for any public education purpose.
1028          Section 20. Section 63I-1-253 is amended to read:
1029          63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
1030          The following provisions are repealed on the following dates:
1031          (1) Section 53-3-232, Conditional license, is repealed July 1, 2015.
1032          (2) Subsection 53-10-202(18) is repealed July 1, 2018.
1033          (3) Section 53-10-202.1 is repealed July 1, 2018.
1034          (4) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program, is
1035     repealed July 1, 2020.
1036          (5) Title 53A, Chapter 11, Part 15, School Safety Tip Line, is repealed July 1, 2015.
1037          (6) The State Instructional Materials Commission, created in Section 53A-14-101, is
1038     repealed July 1, 2016.
1039          (7) Subsections 53A-16-113(3) and (4) are repealed December 31, 2016.
1040          (8) Section 53A-16-114 is repealed December 31, 2016.
1041          (9) Section 53A-17a-163, Performance-based Compensation Pilot Program is repealed
1042     July 1, 2016.
1043          (10) Title 53A, Chapter 17a, Part 3, Block Grant Funding Pilot Program, is repealed
1044     July 1, 2020.
1045          [(10)] (11) Section 53B-24-402, Rural residency training program, is repealed July 1,
1046     2015.
1047          [(11)] (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
1048     money from the Land Exchange Distribution Account to the Geological Survey for test wells,
1049     other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,
1050     2020.







Legislative Review Note
     as of 2-23-15 5:33 PM


Office of Legislative Research and General Counsel