1     
SCHOOL TRUST FUND AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson Moss

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to school trust funds.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the contents of the Trust Distribution Account within the Uniform School
13     Fund;
14          ▸     amends provisions related to the funding of the School LAND Trust Program;
15          ▸     amends language related to distributions from the associated permanent funds
16     created from lands granted in Sections 8 and 12 of the Utah Enabling Act; and
17          ▸     makes technical corrections.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          53A-16-101 (Effective 07/01/17), Utah Code Annotated 1953
25          53A-16-101.5 (Effective 07/01/17), Utah Code Annotated 1953
26          53C-3-102 (Effective 07/01/17), Utah Code Annotated 1953
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53A-16-101 (Effective 07/01/17) is amended to read:
30          53A-16-101 (Effective 07/01/17). Uniform School Fund -- Contents -- Trust
31     Distribution Account.
32          (1) The Uniform School Fund, a special revenue fund within the Education Fund,
33     established by Utah Constitution, Article X, Section 5, consists of:
34          (a) distributions derived from the investment of money in the permanent State School
35     Fund established by Utah Constitution, Article X, Section 5;
36          (b) money transferred to the fund pursuant to Title 67, Chapter 4a, Unclaimed Property
37     Act; and
38          (c) all other constitutional or legislative allocations to the fund, including revenues
39     received by donation.
40          (2) (a) There is created within the Uniform School Fund a restricted account known as
41     the Trust Distribution Account.
42          (b) The Trust Distribution Account consists of:
43          (i) earnings deposited by the School and Institutional Trust Fund Office created in
44     Section 53D-1-201 based on the average of:
45          [(i)] (A) 4% of the average market value of the permanent State School Fund based on
46     an annual review each [July of] fiscal year using the past 12 consecutive quarters[; and] ending
47     the prior fiscal year; and
48          [(ii)] (B) the prior fiscal year's distribution [from the Trust Distribution Account] as
49     described in Section 53A-16-101.5, increased by prior year changes in the percentage of
50     student enrollment growth and in the consumer price index[.];
51          (ii) all interest earned on the account; and
52          (iii) the amount appropriated under Subsection (5)(a).
53          (3) Notwithstanding Subsection (2)(b), the distribution may not exceed 4% of the
54     [average] prior fiscal year end market value of the permanent State School Fund [over the past
55     12 consecutive quarters].
56          (4) The School and Institutional Trust Fund Board of Trustees created in Section
57     53D-1-301 shall:
58          (a) annually review distribution of the Trust Distribution Account; and

59          (b) make recommendations, if necessary, to the Legislature for changes to the formula
60     described in Subsection (2)(b).
61          (5) (a) Upon appropriation by the Legislature, the director of the School and
62     Institutional Trust Fund Office created in Section 53D-1-201 shall place in the Trust
63     Distribution Account funds for:
64          (i) the administration of the School LAND Trust Program as provided in Section
65     53A-16-101.5; and
66          (ii) the performance of duties described in Section 53A-16-101.6[;].
67          [(iii) the School and Institutional Trust Fund Office; and]
68          [(iv) the School and Institutional Trust Fund Board of Trustees created in Section
69     53D-1-301.]
70          (b) The Legislature may appropriate any remaining balance for the support of the
71     public education system.
72          Section 2. Section 53A-16-101.5 (Effective 07/01/17) is amended to read:
73          53A-16-101.5 (Effective 07/01/17). School LAND Trust Program -- Purpose --
74     Distribution of funds -- School plans for use of funds.
75          (1) As used in this section:
76          (a) "Charter agreement" means an agreement made in accordance with Section
77     53A-1a-508 that authorizes the operation of a charter school.
78          (b) "Charter school authorizer" means the same as that term is defined in Section
79     53A-1a-501.3.
80          (c) "Charter trust land council" means a council established by a charter school
81     governing board under this section.
82          (d) "Council" means a school community council or a charter trust land council.
83          (e) "District school" means a public school under the control of a local school board
84     elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
85     Boards.
86          (f) "School community council" means a council established at a district school in
87     accordance with Section 53A-1a-108.
88          (2) There is established the School LAND (Learning And Nurturing Development)
89     Trust Program to:

90          (a) provide financial resources to public schools to enhance or improve student
91     academic achievement and implement a component of a district school's school improvement
92     plan or a charter school's charter agreement; and
93          (b) involve parents and guardians of a school's students in decision making regarding
94     the expenditure of School LAND Trust Program money allocated to the school.
95          [(3) (a) The program shall be funded each fiscal year:]
96          [(i) from the Trust Distribution Account created in Section 53A-16-101; and]
97          [(ii) in the amount of the sum of the following:]
98          [(A)] (3) (a) The program shall be funded each fiscal year from the distributions from
99     the investment of money in the permanent State School Fund deposited [to] into the Trust
100     Distribution Account created in Section 53A-16-101 on or about July 15 each year[; and].
101          [(B) interest accrued on the Trust Distribution Account in the immediately preceding
102     fiscal year.]
103          (b) The program shall be funded as provided in Subsection (3)(a) up to an amount
104     equal to 3% of the funds provided for the Minimum School Program, pursuant to [Title 53A,]
105     Chapter 17a, Minimum School Program Act, each fiscal year.
106          (c) (i) The Legislature shall annually allocate, through an appropriation to the State
107     Board of Education, a portion of the Trust Distribution Account created in Section 53A-16-101
108     to be used for:
109          (A) the administration of the School LAND Trust Program; and
110          (B) the performance of duties described in Section 53A-16-101.6.
111          (ii) Any unused balance remaining from an amount appropriated under Subsection
112     (3)(c)(i) shall be deposited in the Trust Distribution Account for distribution to schools in the
113     School LAND Trust Program.
114          (4) (a) The State Board of Education shall allocate the money referred to in Subsection
115     (3) annually as follows:
116          (i) the Utah Schools for the Deaf and the Blind shall receive funding equal to the
117     product of:
118          (A) enrollment on October 1 in the prior year at the Utah Schools for the Deaf and the
119     Blind divided by enrollment on October 1 in the prior year in public schools statewide; and
120          (B) the total amount available for distribution under Subsection (3);

121          (ii) charter schools shall receive funding equal to the product of:
122          (A) charter school enrollment on October 1 in the prior year, divided by enrollment on
123     October 1 in the prior year in public schools statewide; and
124          (B) the total amount available for distribution under Subsection (3); and
125          (iii) of the funds available for distribution under Subsection (3) after the allocation of
126     funds for the Utah Schools for the Deaf and the Blind and charter schools:
127          (A) school districts shall receive 10% of the funds on an equal basis; and
128          (B) the remaining 90% of the funds shall be distributed to school districts on a per
129     student basis.
130          (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
131     the State Board of Education shall make rules specifying a formula to distribute the amount
132     allocated under Subsection (4)(a)(ii) to charter schools.
133          (ii) In making rules under Subsection (4)(b)(i), the State Board of Education shall:
134          (A) consult with the State Charter School Board; and
135          (B) ensure that the rules include a provision that allows a charter school in the charter
136     school's first year of operations to receive funding based on projected enrollment, to be
137     adjusted in future years based on actual enrollment.
138          (c) A school district shall distribute its allocation under Subsection (4)(a)(iii) to each
139     school within the school district on an equal per student basis.
140          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
141     State Board of Education may make rules regarding the time and manner in which the student
142     count shall be made for allocation of the money under Subsection (4)(a)(iii).
143          (5) To receive its allocation under Subsection (4):
144          (a) a district school shall have established a school community council in accordance
145     with Section 53A-1a-108;
146          (b) a charter school shall have established a charter trust land council in accordance
147     with Subsection (9); and
148          (c) the school's principal shall provide a signed, written assurance that the school is in
149     compliance with Subsection (5)(a) or (b).
150          (6) (a) A council shall create a program to use its allocation under Subsection (4) to
151     implement a component of the school's improvement plan or charter agreement, including:

152          (i) the school's identified most critical academic needs;
153          (ii) a recommended course of action to meet the identified academic needs;
154          (iii) a specific listing of any programs, practices, materials, or equipment which the
155     school will need to implement a component of its school improvement plan to have a direct
156     impact on the instruction of students and result in measurable increased student performance;
157     and
158          (iv) how the school intends to spend its allocation of funds under this section to
159     enhance or improve academic excellence at the school.
160          (b) (i) A council shall create and vote to adopt a plan for the use of School LAND
161     Trust Program money in a meeting of the council at which a quorum is present.
162          (ii) If a majority of the quorum votes to adopt a plan for the use of School LAND Trust
163     Program money, the plan is adopted.
164          (c) A council shall:
165          (i) post a plan for the use of School LAND Trust Program money that is adopted in
166     accordance with Subsection (6)(b) on the School LAND Trust Program website; and
167          (ii) include with the plan a report noting the number of council members who voted for
168     or against the approval of the plan and the number of council members who were absent for the
169     vote.
170          (d) (i) The local school board of a district school shall approve or disapprove a plan for
171     the use of School LAND Trust Program money.
172          (ii) If a local school board disapproves a plan for the use of School LAND Trust
173     Program money:
174          (A) the local school board shall provide a written explanation of why the plan was
175     disapproved and request the school community council who submitted the plan to revise the
176     plan; and
177          (B) the school community council shall submit a revised plan in response to a local
178     school board's request under Subsection (6)(d)(ii)(A).
179          (iii) Once a plan has been approved by a local school board, a school community
180     council may amend the plan, subject to a majority vote of the school community council and
181     local school board approval.
182          (e) A charter trust land council's plan for the use of School LAND Trust Program

183     money is subject to approval by the:
184          (i) charter school governing board; and
185          (ii) charter school's charter school authorizer.
186          (7) (a) A district school or charter school shall:
187          (i) implement the program as approved;
188          (ii) provide ongoing support for the council's program; and
189          (iii) meet State Board of Education reporting requirements regarding financial and
190     performance accountability of the program.
191          (b) (i) A district school or charter school shall prepare and post an annual report of the
192     program on the School LAND Trust Program website each fall.
193          (ii) The report shall detail the use of program funds received by the school under this
194     section and an assessment of the results obtained from the use of the funds.
195          (iii) A summary of the report shall be provided to parents or guardians of students
196     attending the school.
197          (8) On or before October 1 of each year, a school district shall record the amount of the
198     program funds distributed to each school under Subsection (4)(c) on the School LAND Trust
199     Program website to assist schools in developing the annual report described in Subsection
200     (7)(b).
201          (9) (a) The governing board of a charter school shall establish a council, which shall
202     prepare a plan for the use of School LAND Trust Program money that includes the elements
203     listed in Subsection (6).
204          (b) (i) The membership of the council shall include parents or guardians of students
205     enrolled at the school and may include other members.
206          (ii) The number of council members who are parents or guardians of students enrolled
207     at the school shall exceed all other members combined by at least two.
208          (c) A charter school governing board may serve as the council that prepares a plan for
209     the use of School LAND Trust Program money if the membership of the charter school
210     governing board meets the requirements of Subsection (9)(b)(ii).
211          (d) (i) Except as provided in Subsection (9)(d)(ii), council members who are parents or
212     guardians of students enrolled at the school shall be elected in accordance with procedures
213     established by the charter school governing board.

214          (ii) Subsection (9)(d)(i) does not apply to a charter school governing board that serves
215     as the council that prepares a plan for the use of School LAND Trust Program money.
216          (e) A parent or guardian of a student enrolled at the school shall serve as chair or
217     cochair of a council that prepares a plan for the use of School LAND Trust Program money.
218          (10) The president or chair of a local school board or charter school governing board
219     shall ensure that the members of the local school board or charter school governing board are
220     provided with annual training on the requirements of this section.
221          Section 3. Section 53C-3-102 (Effective 07/01/17) is amended to read:
222          53C-3-102 (Effective 07/01/17). Deposit and allocation of money received.
223          (1) (a) The director shall pay to the School and Institutional Trust Fund Office, created
224     in Section 53D-1-201, all money received, accompanied by a statement showing the respective
225     sources of this money.
226          (b) The administration and the School and Institutional Trust Fund Office shall enter
227     into a memorandum of understanding detailing:
228          (i) the classification of sources of money; and
229          (ii) other relevant information, as determined by the administration and the School and
230     Institutional Trust Fund Office.
231          (2) All money received from the sale of lands granted by Section 6 of the Utah
232     Enabling Act for the support of the common schools, all money received from the sale of lands
233     selected in lieu of those lands, all money received from the United States under Section 9 of the
234     Utah Enabling Act, all money received from the sale of lands or other securities acquired by the
235     state from the investment of those funds, all sums paid for fees, all forfeitures, and all penalties
236     paid in connection with these sales shall be deposited in the Permanent State School Fund.
237          (3) All money received from the sale and all net proceeds from other contractual
238     arrangements of institutional trust lands granted to the state by the United States under Section
239     7, 8, or 12 of the Utah Enabling Act shall be deposited into the respective permanent funds
240     established for the benefit of those institutions under the Utah Enabling Act and the Utah
241     Constitution.
242          (4) (a) All lands acquired by the state through foreclosure of mortgages securing school
243     or institutional trust funds or through deeds from mortgagors or owners of those lands shall
244     become a part of the respective school or institutional trust lands.

245          (b) All money received from these lands shall be treated as money received from
246     school or institutional trust lands.
247          (5) All money received from the sale of lands acquired by the state through foreclosure
248     of mortgages securing trust funds or through deeds from mortgagors or owners of such lands,
249     whether a profit is realized or a loss sustained on the principal invested, shall be regarded as
250     principal and shall go into the principal or permanent fund from which it was originally taken
251     in reimbursement of that fund, with profits being used to offset losses.
252          (6) (a) All money received by the director as a first or down payment on applications to
253     purchase, permit, or lease trust lands or minerals shall be paid to the state treasurer and held in
254     suspense pending final action on those applications.
255          (b) After final action the payments received under Subsection (6)(a) shall either be
256     credited to the appropriate fund or account, or refunded to the applicant in accordance with the
257     action taken.
258          (7) Distributions to the respective institutions from the associated permanent funds
259     created from lands granted in Sections 8 and 12 of the Utah Enabling Act shall [consist of] be
260     4% of the average market value of each institutional permanent fund [over the past 12
261     consecutive quarters.] based on an annual review each fiscal year using the past 12 consecutive
262     quarters ending the prior fiscal year.
263          Section 4. Effective date.
264          This bill takes effect July 1, 2017.






Legislative Review Note
Office of Legislative Research and General Counsel