Chief Sponsor: Steve Eliason

Senate Sponsor: Howard A. Stephenson


8     General Description:
9          This bill amends provisions related to driver education funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     authorizes, in certain circumstances, the state superintendent to allocate driver
13     education funds for other purposes; and
14          ▸     makes technical and conforming corrections.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53A-13-202, as last amended by Laws of Utah 2003, Chapter 23

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 53A-13-202 is amended to read:
25          53A-13-202. Driver education funding -- Reimbursement of school districts for
26     driver education class expenses -- Limitations -- Excess funds -- Student fees.
27          (1) (a) Except as provided in Subsection (1)(b), a school district that provides driver

28     education shall fund the program solely through:
29          (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
30     School Fund as created under Section 41-1a-1205; and
31          (ii) student fees collected by each school.
32          (b) In determining the cost of driver education, a school district may exclude:
33          (i) the full-time equivalent cost of a teacher for a driver education class taught during
34     regular school hours; and
35          (ii) classroom space and classroom maintenance.
36          (c) A school district may not use any additional school funds beyond those allowed
37     under Subsection (1)(b) to subsidize driver education.
38          (2) (a) The state superintendent of public instruction shall, prior to September 2nd
39     following the school year during which it was expended, or may at earlier intervals during that
40     school year, reimburse each school district that applied for reimbursement in accordance with
41     this section.
42          (b) A school district that maintains driver education classes that conform to this part
43     and the rules prescribed by the [board] State Board of Education may apply for reimbursement
44     for the actual cost of providing the behind-the-wheel and observation training incidental to
45     those classes.
46          (3) Under the [state board's] supervision [for driver education] of the State Board of
47     Education, a school district may:
48          (a) employ personnel who are not licensed by the [board] State Board of Education
49     under Section 53A-6-104 for driver education; or
50          (b) contract with private parties or agencies licensed under Section 53-3-504 for the
51     behind-the-wheel phase of the driver education program.
52          (4) The reimbursement amount shall be paid out of the Automobile Driver Education
53     Tax Account in the Uniform School Fund and may not exceed:
54          (a) $100 per student who has completed driver education during the school year;
55          (b) $30 per student who has only completed the classroom portion in the school or
56     through the electronic high school during the school year; or
57          (c) $70 per student who has only completed the behind-the-wheel and observation
58     portion in the school during the school year.

59          (5) If the amount of money in the account at the end of a school year is less than the
60     total of the reimbursable costs, the state superintendent of public instruction shall allocate the
61     money to each school district in the same proportion that its reimbursable costs bear to the total
62     reimbursable costs of all school districts.
63          (6) If the amount of money in the account at the end of any school year is more than the
64     total of the reimbursement costs provided under Subsection (4), the superintendent may
65     allocate the excess funds to school districts:
66          (a) to reimburse each school district that applies for reimbursement of the cost of a fee
67     waived under Section 53A-12-103 for driver education; [and]
68          (b) to aid in the procurement of equipment and facilities which reduce the cost of
69     behind-the-wheel instruction[.]; or
70          (c) for any other purpose as determined by a majority vote of the State Board of
71     Education.
72          (7) (a) A local school board shall establish the student fee for driver education for the
73     school district.
74          (b) Student fees shall be reasonably associated with the costs of driver education that
75     are not otherwise covered by reimbursements and allocations made under this section.

Legislative Review Note
Office of Legislative Research and General Counsel