This document includes House Committee Amendments incorporated into the bill on Wed, Mar 9, 2016 at 1:53 PM by cynthiahopkin.
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WEIGHTED PUPIL UNIT CALCULATION EQUALIZATION

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AMENDMENTS

3     
2016 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Bruce R. Cutler

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Senate Sponsor: ____________

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8     LONG TITLE
9     General Description:
10          This bill amends the calculation of weighted pupil units assigned to a charter school.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires that the calculation of weighted pupil units for a charter school be based on
15     average daily membership; and
16          ▸     makes technical corrections.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53A-1a-513, as last amended by Laws of Utah 2015, Chapters 64 and 380
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 53A-1a-513 is amended to read:
27          53A-1a-513. Funding for charter schools.

28          (1) As used in this section:
29          (a) "Average daily membership" means the same as the defined term "pupil in average
30     daily membership" in Section 53A-17a-103.
31          [(a)] (b) "Charter school students' average local revenues" means the amount
32     determined as follows:
33          (i) for each student enrolled in a charter school on the previous October 1, calculate the
34     district per pupil local revenues of the school district in which the student resides;
35          (ii) sum the district per pupil local revenues for each student enrolled in a charter
36     school on the previous October 1; and
37          (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
38     enrolled in charter schools on the previous October 1.
39          [(b)] (c) "District local property tax revenues" means the sum of a school district's
40     revenue received from the following levies:
41          (i) a voted local levy imposed under Section 53A-17a-133;
42          (ii) a board local levy imposed under Section 53A-17a-164, excluding revenues
43     expended for:
44          (A) recreational facilities and activities authorized under Title 11, Chapter 2,
45     Playgrounds;
46          (B) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
47     taxable value of the school district's board local levy; and
48          (C) the K-3 Reading Improvement Program, up to the amount of revenue generated by
49     a .000121 per dollar of taxable value of the school district's board local levy; and
50          (iii) a capital local levy imposed under Section 53A-16-113.
51          [(c)] (d) "District per pupil local revenues" means [an amount equal to the following],
52     using data from the most recently published school district annual financial reports and state
53     superintendent's annual report[: (i)], an amount equal to district local property tax revenues[;]
54     divided by [(ii)] the sum of:
55          [(A)] (i) a school district's average daily membership; and
56          [(B)] (ii) the average daily membership of a school district's resident students who
57     attend charter schools.
58          [(d)] (e) "Resident student" means a student who is considered a resident of the school

59     district under Title 53A, Chapter 2, Part 2, District of Residency.
60          [(e)] (f) "Statewide average debt service revenues" means the amount determined as
61     follows, using data from the most recently published state superintendent's annual report:
62          (i) sum the revenues of each school district from the debt service levy imposed under
63     Section 11-14-310; and
64          (ii) divide the sum calculated under Subsection (1)[(e)](f)(i) by statewide school
65     district average daily membership.
66          (2) (a) Charter schools shall receive funding as described in this section, except
67     Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
68          (b) Charter schools authorized by local school boards that are converted from district
69     schools or operate in district facilities without paying reasonable rent shall receive funding as
70     prescribed in Section 53A-1a-515.
71          (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school shall
72     receive state funds, as applicable, on the same basis as a school district receives funds.
73          (b) Ĥ→ (i) ←Ĥ [For the 2015-16 school year, the] The number of weighted pupil
73a     units assigned to
74     a charter school for the kindergarten and grades 1 through 12 programs of the Basic School
75     Program shall be:
76          Ĥ→ [
(i)] (A) ←Ĥ [based on the higher of: (A) October 1 enrollment in the current
76a     school year; or (B)]
77     Ĥ→ except as provided in Subsection (3)(b)(ii), ←Ĥ average daily membership in the prior
77a     school year plus growth as determined under Section
78     53A-17a-106; and
79          Ĥ→ [
(ii)] (B) ←Ĥ weighted as provided in Subsection (3)(c).
79a          Ĥ→ (ii) The number of weighted pupil units assigned to a charter school as described in
79b     Subsection (3)(b)(i) may be based on October 1 enrollment of the current school year if:
79c          (A) the charter school's charter agreement states that the charter school's student
79d     population is composed of no less than 75% of students with special needs who have an
79e     individualized education program developed in accordance with the Individuals with
79f     Disabilities Education Improvement Act of 2004; and
79g          (B) the governing board of the charter school described in Subsection (3)(b)(ii)(A)
79h     requests that the weighted pupil units be based on October 1 enrollment and the State Board
79i     of Education approves the request. ←Ĥ
80          (c) In distributing funds under Chapter 17a, Minimum School Program Act, to charter
81     schools, charter school pupils shall be weighted, where applicable, as follows:
82          (i) .55 for kindergarten pupils;
83          (ii) .9 for pupils in grades 1 through 6;
84          (iii) .99 for pupils in grades 7 through 8; and
85          (iv) 1.2 for pupils in grades 9 through 12.
86          (4) (a) (i) A school district shall allocate a portion of school district revenues for each
87     resident student of the school district who is enrolled in a charter school on October 1 equal to
88     25% of the district per pupil local revenues.
89          (ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program

90     established under Chapter 28, Utah School Bond Guaranty Act.
91          (b) The State Board of Education shall:
92          (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
93     state funds the school district is authorized to receive under Chapter 17a, Minimum School
94     Program Act; and
95          (ii) remit the money to the student's charter school.
96          (c) Notwithstanding the method used to transfer school district revenues to charter
97     schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
98     schools under this section from:
99          (i) unrestricted revenues available to the school district; or
100          (ii) the revenue sources listed in Subsection (1)[(b)](c) based on the portion of the
101     allocations to charter schools attributed to each of the revenue sources listed in Subsection
102     (1)[(b)](c).
103          (d) (i) Subject to future budget constraints, the Legislature shall provide an
104     appropriation for charter schools for each student enrolled on October 1 to supplement the
105     allocation of school district revenues under Subsection (4)(a).
106          (ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
107     state for a charter school student shall be the sum of:
108          (A) charter school students' average local revenues minus the allocation of school
109     district revenues under Subsection (4)(a); and
110          (B) statewide average debt service revenues.
111          (iii) If the total of a school district's allocation for a charter school student under
112     Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
113     $1427, the state shall provide an additional supplement so that a charter school receives at least
114     $1427 per student under this Subsection (4).
115          (iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the
116     amount prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated
117     among charter schools in proportion to each charter school's enrollment as a percentage of the
118     total enrollment in charter schools.
119          (B) If the State Board of Education makes adjustments to Minimum School Program
120     allocations as provided under Section 53A-17a-105, the allocation provided in Subsection

121     (4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
122          (e) Of the money provided to a charter school under this Subsection (4), 10% shall be
123     expended for funding school facilities only.
124          (5) Charter schools are eligible to receive federal funds if they meet all applicable
125     federal requirements and comply with relevant federal regulations.
126          (6) The State Board of Education shall distribute funds for charter school students
127     directly to the charter school.
128          (7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
129     transportation funding.
130          (b) The board shall also adopt rules relating to the transportation of students to and
131     from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
132          (c) The governing body of the charter school may provide transportation through an
133     agreement or contract with the local school board, a private provider, or with parents.
134          (8) (a) (i) In accordance with Section 53A-1a-513.5, the State Charter School Board
135     may allocate grants for start-up costs to charter schools from money appropriated for charter
136     school start-up costs.
137          (ii) The governing board of a charter school that receives money from a grant under
138     Section 53A-1a-513.5 shall use the grant for expenses for planning and implementation of the
139     charter school.
140          (b) The State Board of Education shall coordinate the distribution of federal money
141     appropriated to help fund costs for establishing and maintaining charter schools within the
142     state.
143          (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
144     endowment, gift, or donation of any property made to the school for any of the purposes of this
145     part.
146          (b) It is unlawful for any person affiliated with a charter school to demand or request
147     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
148     with the charter school as a condition for employment or enrollment at the school or continued
149     attendance at the school.







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