2
3
4
5
6
7
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 [
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 [
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 [
52 using data from the most recently published school district annual financial reports and state
53 superintendent's annual report[
54 divided by [
55 [
56 [
57 attend charter schools.
58 [
59 district under Title 53A, Chapter 2, Part 2, District of Residency.
60 [
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)[
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) [
74 a charter school for the kindergarten and grades 1 through 12 programs of the Basic School
75 Program shall be:
76 (i) [
77 average daily membership in the prior school year plus growth as determined under Section
78 53A-17a-106; and
79 (ii) weighted as provided in Subsection (3)(c).
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)[
101 allocations to charter schools attributed to each of the revenue sources listed in Subsection
102 (1)[
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.
Legislative Review Note
Office of Legislative Research and General Counsel