1     
CLASS SIZE REDUCTION PROGRAM AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Rebecca P. Edwards

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to class size reduction in public schools.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the distribution formula for the Class Size Reduction Program (Program) to
13     distribute certain program money to qualifying local education agencies;
14          ▸     defines terms; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          This bill appropriates in fiscal year 2016:
18          ▸     To the State Board of Education - Minimum School Program as an ongoing
19     appropriation:
20               •     from the Education Fund, $10,000,000.
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-17a-124.5, as last amended by Laws of Utah 2013, Chapter 299
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 53A-17a-124.5 is amended to read:
29          53A-17a-124.5. Class Size Reduction Program -- Distribution of money --
30     Allowable uses -- Reporting requirements.
31          (1) [Money] As used in this section:
32          (a) "ADM" or "average daily membership" means the same as that term is defined in
33     Section 53A-17a-103.
34          (b) "Board" means the State Board of Education.
35          (c) "Derived net taxable value" means the quotient of:
36          (i) the total property tax collections from April 1 through the following March 31 for a
37     school district for the calendar year preceding the March 31 date; divided by
38          (ii) the school district's total tax rate for the calendar year preceding the March 31
39     referenced in Subsection (1)(c)(i).
40          (d) "Local education agency" or "LEA" means a school district or charter school.
41          (e) "Program" means the Class Size Reduction Program created in Subsection (2).
42          (f) "Qualifying LEA" means an LEA that:
43          (i) has a median class size in kindergarten through grade 8 above the statewide median;
44          (ii) levies local property taxes; and
45          (iii) is below the statewide average property tax base per ADM.
46          (g) "Statewide average property tax base per ADM" means the quotient of:
47          (i) the sum of all school districts' derived net taxable value; divided by
48          (ii) the sum of all school districts' ADM.
49          (2) (a) There is created the Class Size Reduction Program to provide money to LEAs to
50     reduce the average class size in public schools.
51          (b) The board shall distribute money appropriated [to the State Board of Education for
52     class size reduction shall be used] for the program to LEAs to reduce the average class size in
53     kindergarten through [the eighth grade in the state's public schools] grade 8.
54          [(2) Each district or charter school shall receive its allocation]
55          (3) (a) The board shall distribute the first $115,000,000 of the money appropriated for
56     the program to LEAs based upon prior year average daily membership in kindergarten through
57     grade 8 plus growth as determined under Subsection 53A-17a-106(3) as compared to the total
58     prior year average daily membership in kindergarten through grade 8 plus growth of [school
59     districts and charter schools] LEAs that qualify for [an allocation pursuant to] a distribution of
60     program money as described in Subsection (8).
61          (b) The board shall distribute money appropriated to the program in addition to the
62     $115,000,000 described in Subsection (3)(a) as follows:
63          (i) 20% of the money shall be distributed to each qualifying LEA in proportion to
64     student enrollment in the qualifying LEA as compared to total student enrollment in all
65     qualifying LEAs; and
66          (ii) 80% of the money shall be distributed to LEAs in the same manner as money is
67     distributed to LEAs pursuant to Subsection (3)(a).
68          [(3)] (4) (a) [A district] Subject to the requirements of Subsection (4)(b), an LEA may
69     use [its allocation] program money to reduce class size in [any] one or [all] more of the grades
70     [referred to under] described in this section[, except as otherwise provided in Subsection (3)
71     (b)].
72          (b) (i) [Each district or charter school] An LEA shall use 50% of [its allocation] the
73     LEA's program money to reduce class size in [any] one or [all of] more grades from
74     kindergarten through grade 2, with an emphasis on improving student reading skills.
75          (ii) If [a district's or charter school's] an LEA's average class size is below 18 in grades
76     kindergarten through grade 2, [it] the LEA may petition the [state] board for, and the [state]
77     board may grant, a waiver to use [its allocation] the money the LEA received under Subsection
78     [(3)] (4)(b)(i) for class size reduction in [the] other grades.
79          [(4) Schools] (5) An LEA may use nontraditional innovative and creative methods to
80     reduce class sizes with [this appropriation] program money and may use part of [their
81     allocation] the LEA's program money to focus on class size reduction for specific groups, such
82     as at-risk students, or for specific blocks of time during the school day.
83          [(5)] (6) (a) [A school district or charter school] An LEA may use up to 20% of [its
84     allocation under Subsection (1)] the LEA's program money for [capital facilities projects if
85     such projects would help to] a capital facility project if the capital facility project will reduce
86     class size.
87          (b) If [a school district's or charter school's] an LEA's student population increases by
88     5% or 700 students from the previous school year, the [school district or charter school] LEA
89     may use up to 50% of [any allocation it receives under this section] the LEA's program money
90     for classroom construction.
91          [(6) This appropriation is to supplement any other appropriation made for class size
92     reduction.]
93          (7) The Legislature shall [provide for an annual adjustment in] annually adjust the
94     appropriation authorized [under this section] for the program in proportion to the increase in
95     the number of students [in the state] in kindergarten through grade [eight] 8 statewide.
96          (8) (a) To qualify for [class size reduction] program money, [a school district or charter
97     school] an LEA shall submit:
98          (i) [a] the LEA's plan [for the use of the school district's or charter school's allocation of
99     class size reduction money] to the [State Board of Education] board describing how the LEA
100     will use the LEA's program money; and
101          (ii) beginning with the 2014-15 school year, a report on the [school district's or charter
102     school's] LEA's use of [class size reduction] program money [in] during the prior school year.
103          (b) The plan and report required pursuant to Subsection (8)(a) shall include the
104     following information:
105          (i) (A) the number of teachers employed using [class size reduction] program money;
106          (B) the amount of [class size reduction] program money expended for teachers; and
107          (C) if supplemental [school district or charter school] LEA funds are expended to pay
108     for teachers employed using [class size reduction] program money, the amount of the
109     supplemental money;
110          (ii) (A) the number of paraprofessionals employed using [class size reduction] program
111     money;
112          (B) the amount of [class size reduction] program money expended for
113     paraprofessionals; and
114          (C) if supplemental [school district or charter school] LEA funds are expended to pay
115     for paraprofessionals employed using [class size reduction] program money, the amount of the
116     supplemental money; and
117          (iii) the amount of [class size reduction] program money expended for capital facilities.
118          (c) In addition to submitting a plan and report [on the use of class size reduction
119     money, a school district or charter school] described in Subsection (8)(a), an LEA shall
120     annually submit a report to the [State Board of Education] board that includes the following
121     information:
122          (i) the number of teachers employed using K-3 Reading Improvement Program money
123     received [pursuant to] under Sections 53A-17a-150 and 53A-17a-151;
124          (ii) the amount of K-3 Reading Improvement Program money expended for teachers;
125          (iii) the number of teachers employed in kindergarten through grade 8 using Title I
126     money;
127          (iv) the amount of Title I money expended for teachers in kindergarten through grade
128     8; and
129          (v) a comparison of actual average class size by grade in grades kindergarten through 8
130     in the [school district or charter school] LEA with what the average class size would be without
131     the expenditure of class size reduction, K-3 Reading Improvement Program, and Title I money.
132          (d) The information required to be reported in Subsections (8)(b)(i)(A) through (C),
133     (8)(b)(ii)(A) through (C), and (8)(c) shall be categorized by a teacher's or paraprofessional's
134     teaching assignment, [such as] including the grade level, course, [or] and subject taught.
135          (e) The [State Board of Education] board may make rules specifying procedures and
136     standards for the submission of:
137          (i) a plan and a report on the use of [class size reduction] program money as required
138     by this section; and
139          (ii) a report required under Subsection (8)(c).
140          (f) Based on the data contained in the [class size reduction] program plans and reports
141     submitted by [school districts and charter schools] LEAs as required in this Subsection (8), and
142     based on the data on average class size, the [State Board of Education] board shall annually
143     report to the Education Interim Committee on the impact of class size reduction, K-3 Reading
144     Improvement Program, and Title I money on class size.
145          Section 2. Appropriation.
146          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
147     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
148     are appropriated from resources not otherwise appropriated, or reduced from amounts
149     previously appropriated, out of the funds or accounts indicated. These sums of money are in
150     addition to any amounts previously appropriated for fiscal year 2016.
151          To State Board of Education - Minimum School Program - Basic School Program
152          From Education Fund
$10,000,000

153          Schedule of Programs:
154               Class Size Reduction                         $10,000,000
155          The Legislature intends that:
156          (1) the State Board of Education use the appropriation under this section for the Class
157     Size Reduction Program created in Section 53A-17a-124.5; and
158          (2) the appropriation under this section be:
159          (a) ongoing; and
160          (b) non-lapsing.
161          Section 3. Effective date.
162          This bill takes effect on July 1, 2015.




Legislative Review Note
     as of 1-26-15 11:16 AM

Office of Legislative Research and General Counsel