7 LONG TITLE
8 Committee Note:
9 The Education Interim Committee recommended this bill.
10 General Description:
11 This bill amends provisions related to the Minimum School Program.
12 Highlighted Provisions:
13 This bill:
14 ▸ amends provisions related to a local school board paying for a student to attend a
15 school district outside of the state;
16 ▸ amends provisions related to necessarily existent small schools;
17 ▸ amends funding requirements for comprehensive guidance programs; and
18 ▸ repeals the Teacher Salary Supplement Restricted Account.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 53A-2-204, as enacted by Laws of Utah 1988, Chapter 2
26 53A-17a-109, as last amended by Laws of Utah 2013, Chapter 106
27 53A-17a-113, as last amended by Laws of Utah 2010, Chapter 3
28 53A-17a-156, as last amended by Laws of Utah 2016, Chapter 217
30 53A-17a-157, as last amended by Laws of Utah 2015, Chapter 122
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 53A-2-204 is amended to read:
34 53A-2-204. District paying tuition -- Effect on state aid.
35 (1) A local school board may by written agreement pay the tuition of a child attending
36 school in a district outside the state. Both districts shall approve the agreement and file it with
37 the State Board of Education.
38 (2) The average daily membership of the child may be added to that of other eligible
39 children attending schools within the district of residence for the purpose of apportionment of
40 state funds.
41 (3) (a) The district of residence shall bear any excess tuition costs over the state's
42 contribution for attendance in the district of residence unless otherwise approved in advance by
43 the State Board of Education.
44 (b) (i) If a child who resides in a Utah school district's boundaries attends school in a
45 neighboring state under this section, the State Board of Education may make an out-of-state
46 tuition payment to the Utah school district of residence.
47 (ii) If the State Board of Education approves the use of state funds for an out-of-state
48 tuition payment described in Subsection (3)(b)(i), the State Board of Education shall use funds
49 appropriated by the Legislature for necessarily existent small schools as described in Section
51 Section 2. Section 53A-17a-109 is amended to read:
52 53A-17a-109. Necessarily existent small schools -- Computing additional
53 weighted pupil units -- Consolidation of small schools.
54 (1) As used in this section:
55 (a) "Board" means the State Board of Education.
56 (b) "Necessarily existent small schools funding balance" means the difference between:
57 (i) the amount appropriated for the necessarily existent small schools program in a
58 fiscal year; and
59 (ii) the amount distributed to school districts for the necessarily existent small schools
60 program in the same fiscal year.
61 (2) (a) Upon application by a school district, the board shall, in consultation with the
62 local school board, classify schools in the district as necessarily existent small schools, in
63 accordance with this section and board rules adopted under this section.
64 (b) An application must be submitted to the board before April 2, and the board must
65 report a decision to a school district before June 2.
66 (3) The board shall adopt standards and make rules to:
67 (a) govern the approval of necessarily existent small schools consistent with principles
68 of efficiency and economy and which shall serve the purpose of eliminating schools where
69 consolidation is feasible by participation in special school units; and
70 (b) ensure that districts are not building secondary schools in close proximity to one
71 another where economy and efficiency would be better served by one school meeting the needs
72 of secondary students in a designated geographical area.
73 (4) A one or two-year secondary school that has received necessarily existent small
74 school money under this section prior to July 1, 2000, may continue to receive such money in
75 subsequent years under board rule.
76 (5) The board shall prepare and publish objective standards and guidelines for
77 determining which small schools are necessarily existent after consultation with local school
79 (6) (a) Additional weighted pupil units for schools classified as necessarily existent
80 small schools shall be computed using regression formulas adopted by the board.
81 (b) The regression formulas establish the following maximum sizes for funding under
82 the necessarily existent small school program:
83 (i) an elementary school 160
84 (ii) a one or two-year secondary school 300
85 (iii) a three-year secondary school 450
86 (iv) a four-year secondary school 500
87 (v) a six-year secondary school 600
88 (c) Schools with fewer than 10 students shall receive the same add-on weighted pupil
89 units as schools with 10 students.
90 (d) The board shall prepare and distribute an allocation table based on the regression
91 formula to each school district.
92 (7) (a) To avoid penalizing a district financially for consolidating its small schools,
93 additional weighted pupil units may be allowed a district each year, not to exceed two years.
94 (b) The additional weighted pupil units may not exceed the difference between what
95 the district receives for a consolidated school and what it would have received for the small
96 schools had they not been consolidated.
97 (8) Subject to legislative appropriation, the board shall give first priority from an
98 appropriation made under this section to funding an expense approved by the board as
99 described in Subsection 53A-2-204(3)(a).
101 Subsection (8), the board may distribute a portion of necessarily existent small schools funding
102 in accordance with a formula adopted by the board that considers the tax effort of a local
103 school board.
104 (b) The amount distributed in accordance with Subsection [
105 the necessarily existent small schools fund in balance of the prior fiscal year.
107 and operation of school programs or for other school purposes as approved by the board.
108 Section 3. Section 53A-17a-113 is amended to read:
109 53A-17a-113. Weighted pupil units for career and technical education programs
110 -- Funding of approved programs -- Performance measures -- Qualifying criteria.
111 (1) (a) Money appropriated to the State Board of Education for approved career and
112 technical education programs and the comprehensive guidance program:
113 (i) shall be allocated to eligible recipients as provided in Subsections (2), (3), and (4)[
115 (ii) may not be used to fund programs below the ninth grade level.
116 (b) Subsection (1)(a)(ii) does not apply to the following programs:
117 (i) comprehensive guidance;
118 (ii) Technology-Life-Careers; and
119 (iii) work-based learning programs.
120 (2) (a) Weighted pupil units are computed for pupils in approved programs.
121 (b) (i) The board shall fund approved programs based upon hours of membership of
122 9th through 12th grade students.
123 (ii) Subsection (2)(b)(i) does not apply to the following programs:
124 (A) comprehensive guidance;
125 (B) Technology-Life-Careers; and
126 (C) work-based learning programs.
127 (c) The board shall use an amount not to exceed 20% of the total appropriation under
128 this section to fund approved programs based on performance measures such as placement and
129 competency attainment defined in standards set by the board.
130 (d) Leadership organization funds shall constitute an amount not to exceed 1% of the
131 total appropriation under this section, and shall be distributed to each local educational agency
132 sponsoring career and technical education student leadership organizations based on the
133 agency's share of the state's total membership in those organizations.
134 (e) The board shall make the necessary calculations for distribution of the
135 appropriation to school districts and may revise and recommend changes necessary for
136 achieving equity and ease of administration.
137 (3) (a) Twenty weighted pupil units shall be computed for career and technical
138 education administrative costs for each district, except 25 weighted pupil units may be
139 computed for each district that consolidates career and technical education administrative
140 services with one or more other districts.
141 (b) Between 10 and 25 weighted pupil units shall be computed for each high school
142 conducting approved career and technical education programs in a district according to
143 standards established by the board.
144 (c) Forty weighted pupil units shall be computed for each district that operates an
145 approved career and technical education center.
146 (d) Between five and seven weighted pupil units shall be computed for each summer
147 career and technical education agriculture program according to standards established by the
149 (e) The board shall, by rule, establish qualifying criteria for districts to receive
150 weighted pupil units under this Subsection (3).
151 (4) (a) Money remaining after the allocations made under Subsections (2) and (3) shall
152 be allocated using average daily membership in approved programs for the previous year.
153 (b) A district that has experienced student growth in grades 9 through 12 for the
154 previous year shall have the growth factor applied to the previous year's weighted pupil units
155 when calculating the allocation of money under this Subsection (4).
161 technical education programs.
162 (b) The rules shall reflect career and technical training and actual marketable job skills
163 in society.
164 (c) The rules shall include procedures to assist school districts to convert existing
165 programs which are not preparing students for the job market into programs that will
166 accomplish that purpose.
169 Section 4. Section 53A-17a-156 is amended to read:
170 53A-17a-156. Teacher Salary Supplement Program -- Appeal process.
171 (1) As used in this section:
172 (a) "Board" means the State Board of Education.
173 (b) "Certificate teacher" means a teacher who holds a National Board certification.
174 (c) "Eligible teacher" means a teacher who:
175 (i) has an assignment to teach:
176 (A) a secondary school level mathematics course;
177 (B) integrated science in grade seven or eight;
178 (C) chemistry;
179 (D) physics; or
180 (E) computer science;
181 (ii) holds the appropriate endorsement for the assigned course;
182 (iii) has qualifying educational background; and
183 (iv) (A) is a new employee; or
184 (B) received a satisfactory rating or above on the teacher's most recent evaluation.
185 (d) "National Board certification" means the same as that term is defined in Section
187 (e) "Qualifying educational background" means:
188 (i) for a teacher who is assigned a secondary school level mathematics course:
189 (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
190 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
191 requirements that are substantially equivalent to the course requirements for a bachelor's degree
192 major, master's degree, or doctoral degree in mathematics;
193 (ii) for a teacher who is assigned a grade seven or eight integrated science course,
194 chemistry course, or physics course, a bachelor's degree major, master's degree, or doctoral
195 degree in:
196 (A) integrated science;
197 (B) chemistry;
198 (C) physics;
199 (D) physical science;
200 (E) general science; or
201 (F) a bachelor's degree major, master's degree, or doctoral degree that has course
202 requirements that are substantially equivalent to the course requirements of those required for a
203 degree listed in Subsections (1)(e)(ii)(A) through (E);
204 (iii) for a teacher who is assigned a computer science course, a bachelor's degree major,
205 master's degree, or doctoral degree in:
206 (A) computer science;
207 (B) computer information technology; or
208 (C) a bachelor's degree major, master's degree, or doctoral degree that has course
209 requirements that are substantially equivalent to the course requirements of those required for a
210 degree listed in Subsections (1)(e)(iii)(A) and (B).
211 (f) "Title I school" means a school that receives funds under the Elementary and
212 Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
213 (g) "Title I school certificate teacher" means a certificate teacher who is assigned to
214 teach at a Title I school.
215 (2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
216 money to [
218 (b) Money appropriated for the Teacher Salary Supplement Program shall include
219 money for the following employer-paid benefits:
220 (i) retirement;
221 (ii) workers' compensation;
222 (iii) Social Security; and
223 (iv) Medicare.
224 (3) (a) (i) The annual salary supplement for an eligible teacher who is assigned full
225 time to teach one or more courses listed in Subsections (1)(c)(i)(A) through (E) is $4,100.
226 (ii) An eligible teacher who has a part-time assignment to teach one or more courses
227 listed in Subsections (1)(c)(i)(A) through (E) shall receive a partial salary supplement based on
228 the number of hours worked in a course assignment that meets the requirements of Subsections
229 (1)(c)(ii) and (iii).
230 (b) The annual salary supplement for a certificate teacher is $750.
231 (c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.
232 (ii) A certificate teacher who qualifies for a salary supplement under Subsections (3)(b)
233 and (c) may only receive the salary supplement that is greater in value.
234 (4) The board shall:
235 (a) create an online application system for a teacher to apply to receive a salary
236 supplement through the Teacher Salary Supplement Program;
237 (b) determine if a teacher:
238 (i) (A) is an eligible teacher; and
239 (B) has a course assignment as listed in Subsections (1)(c)(i)(A) through (E);
240 (ii) is a certificate teacher; or
241 (iii) is a Title I school certificate teacher;
242 (c) verify, as needed, the determinations made under Subsection (4)(b) with school
243 district and school administrators; and
244 (d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
246 (5) (a) An eligible teacher, a certificate teacher, or a Title I school certificate teacher
247 shall apply with the board before the conclusion of a school year to receive the salary
248 supplement authorized in this section.
249 (b) An eligible teacher, a certificate teacher, or a Title I school certificate teacher may
250 apply with the board, after verification that the requirements under this section have been
251 satisfied, to receive a salary supplement after the completion of:
252 (i) the school year as an annual award; or
253 (ii) a semester or trimester as a partial award based on the portion of the school year
254 that has been completed.
255 (6) (a) The board shall establish and administer an appeal process for a teacher to
256 follow if the teacher applies for the salary supplement and is not certified under Subsection (4).
257 (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
258 appeal eligibility as an eligible teacher on the basis that the teacher has a degree or degree
259 major with course requirements that are substantially equivalent to the course requirements for
260 a degree listed in:
261 (A) Subsection (1)(e)(i)(A);
262 (B) Subsections (1)(e)(ii)(A) through (E); or
263 (C) Subsections (1)(e)(iii)(A) and (B).
264 (ii) A teacher shall provide transcripts and other documentation to the board in order
265 for the board to determine if the teacher has a degree or degree major with course requirements
266 that are substantially equivalent to the course requirements for a degree listed in:
267 (A) Subsection (1)(e)(i)(A);
268 (B) Subsections (1)(e)(ii)(A) through (E); or
269 (C) Subsections (1)(e)(iii)(A) and (B).
270 (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
271 appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
272 (ii) A teacher shall provide to the board a certificate or other related documentation in
273 order for the board to determine if the teacher holds a current certificate.
274 (d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
275 appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
276 (A) holds a current certificate; and
277 (B) is assigned to teach at a Title I school.
278 (ii) A teacher shall provide to the board:
279 (A) information described in Subsection (6)(c)(ii); and
280 (B) verification that the teacher is assigned to teach at a Title I school.
281 (7) (a) The board shall distribute money [
282 Supplement [
283 Teacher Salary Supplement Program in accordance with the provisions of this section.
284 (b) The board shall include the employer-paid benefits described under Subsection
285 (2)(b) in the amount of each salary supplement.
286 (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
287 salary supplement limits described under Subsection (3).
288 (8) (a) Money received from the Teacher Salary Supplement [
289 Program shall be used by a school district or charter school to provide a salary supplement
290 equal to the amount specified in Subsection (3) for each eligible teacher, certificate teacher, or
291 Title I school certificate teacher.
292 (b) The salary supplement is part of the teacher's base pay, subject to the teacher's
293 qualification as an eligible teacher, a certificate teacher, or a Title I school certificate teacher
294 every year, semester, or trimester.
295 (9) Notwithstanding the provisions of this section, if the appropriation for the program
296 is insufficient to cover the costs associated with salary supplements, the board may limit or
297 reduce the salary supplements.
298 Section 5. Repealer.
299 This bill repeals:
300 Section 53A-17a-157, Teacher Salary Supplement Restricted Account.
Legislative Review Note
Office of Legislative Research and General Counsel