2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill supplements or reduces appropriations previously provided for the support and
10 operation of public education for the fiscal year beginning July 1, 2018, and ending
11 June 30, 2019, and for the fiscal year beginning July 1, 2019, and ending June 30, 2020.
12 Highlighted Provisions:
13 This bill:
14 ▸ provides appropriations for the use and support of school districts, charter schools,
15 and state education agencies;
16 ▸ sets the value of the weighted pupil unit (WPU) at $3,515 for fiscal year 2020;
17 ▸ adjusts the number of weighted pupil units to reflect anticipated student enrollment
18 in fall 2019;
19 ▸ provides appropriations for other purposes as described;
20 ▸ amends and enacts provisions related to certain appropriations for public education,
21 including appropriations for:
22 • charter schools;
23 • the Enhancement for At-Risk Students Program; and
24 • rural school district transportation;
25 ▸ makes technical and conforming changes; and
26 ▸ provides intent language.
27 Money Appropriated in this Bill:
28 This bill appropriates $4,567,500 in operating and capital budgets for fiscal year 2019,
29 including:
30 ▸ $4,167,500 from the Education Fund; and
31 ▸ $400,000 from various sources as detailed in this bill.
32 This bill appropriates $330,668,700 in operating and capital budgets for fiscal year
33 2020, including:
34 ▸ $613,000 from the General Fund;
35 ▸ $5,000,000 from the Uniform School Fund;
36 ▸ $114,613,600 from the Education Fund; and
37 ▸ $210,442,100 from various sources as detailed in this bill.
38 This bill appropriates $29,330,600 in restricted fund and account transfers for fiscal
39 year 2020, all of which is from the Education Fund.
40 Other Special Clauses:
41 This bill provides a special effective date.
42 Utah Code Sections Affected:
43 AMENDS:
44 53F-2-301.5, as enacted by Laws of Utah 2018, Chapter 456
45 53F-2-306, as renumbered and amended by Laws of Utah 2018, Chapter 2
46 53F-2-410, as last amended by Laws of Utah 2018, Chapters 117, 165, 396 and
47 renumbered and amended by Laws of Utah 2018, Chapter 2
48 RENUMBERS AND AMENDS:
49 53F-2-520, (Renumbered from 53F-5-211, as enacted by Laws of Utah 2018, Chapter
50 441)
51 Uncodified Material Affected:
52 ENACTS UNCODIFIED MATERIAL
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 53F-2-301.5 is amended to read:
56 53F-2-301.5. Minimum basic tax rate for a fiscal year that begins on July 1, 2018,
57 2019, 2020, 2021, or 2022.
58 (1) The provisions of this section are in effect for a fiscal year that begins before July 1,
59 2023.
60 (2) As used in this section:
61 (a) "Basic levy increment rate" means a tax rate that will generate an amount of
62 revenue equal to $75,000,000.
63 (b) "Combined basic rate" means a rate that is the sum of:
64 (i) the rate floor; and
65 (ii) the WPU value rate.
66 (c) "Commission" means the State Tax Commission.
67 (d) "Equity pupil tax rate" means the tax rate that is:
68 (i) calculated by subtracting the minimum basic tax rate from the rate floor; or
69 (ii) zero, if the rate calculated in accordance with Subsection (2)(d)(i) is zero or less.
70 (e) "Minimum basic local amount" means an amount that is:
71 (i) equal to the sum of:
72 (A) the school districts' contribution to the basic school program the previous fiscal
73 year;
74 (B) the amount generated by the basic levy increment rate; and
75 (C) the eligible new growth, as defined in Section 59-2-924 and rules of the State Tax
76 Commission multiplied by the minimum basic tax rate; and
77 (ii) set annually by the Legislature in Subsection (3)(a).
78 (f) "Minimum basic tax rate" means a tax rate certified by the commission that will
79 generate an amount of revenue equal to the minimum basic local amount described in
80 Subsection (3)(a).
81 (g) "Rate floor" means a rate that is the greater of:
82 (i) a .0016 tax rate; or
83 (ii) the minimum basic tax rate.
84 (h) "Weighted pupil unit value" or "WPU value" means the amount established each
85 year in the enacted public education budget that is multiplied by the number of weighted pupil
86 units to yield the funding level for the basic school program.
87 (i) "WPU value amount" means an amount that is:
88 (i) equal to the product of:
89 (A) the total cost to the basic school program to increase the WPU value over the WPU
90 value in the prior fiscal year; and
91 (B) the percentage share of local revenue to the cost of the basic school program in the
92 prior fiscal year; and
93 (ii) set annually by the Legislature in Subsection (4)(a).
94 (j) "WPU value rate" means a tax rate certified by the commission that will generate an
95 amount of revenue equal to the WPU value amount described in Subsection (4)(a).
96 (3) (a) The minimum basic local amount for the fiscal year that begins on July 1,
97 [
98 (b) The preliminary estimate for the minimum basic tax rate for the fiscal year that
99 begins on July 1, [
100 (4) (a) The WPU value amount for the fiscal year that begins on July 1, [
101
102 (b) The preliminary estimate for the WPU value rate for the fiscal year that begins on
103 July 1, [
104 (5) (a) On or before June 22, the commission shall certify for the year:
105 (i) the minimum basic tax rate; and
106 (ii) the WPU value rate.
107 (b) The estimate of the minimum basic tax rate provided in Subsection (3)(b) and the
108 estimate of the WPU value rate provided in Subsection (4)(b) is based on a forecast for
109 property values for the next calendar year.
110 (c) The certified minimum basic tax rate described in Subsection (5)(a)(i) and the
111 certified WPU value rate described in Subsection (5)(a)(ii) are based on property values as of
112 January 1 of the current calendar year, except personal property, which is based on values from
113 the previous calendar year.
114 (6) (a) To qualify for receipt of the state contribution toward the basic school program
115 and as a school district's contribution toward the cost of the basic school program for the school
116 district, a local school board shall impose the combined basic rate.
117 (b) (i) The state is not subject to the notice requirements of Section 59-2-926 before
118 imposing the tax rates described in this Subsection (6).
119 (ii) The state is subject to the notice requirements of Section 59-2-926 if the state
120 authorizes a tax rate that exceeds the tax rates described in this Subsection (6).
121 (7) (a) The state shall contribute to each school district toward the cost of the basic
122 school program in the school district an amount of money that is the difference between the
123 cost of the school district's basic school program and the sum of the revenue generated by the
124 school district by the following:
125 (i) the minimum basic tax rate;
126 (ii) the basic levy increment rate;
127 (iii) the equity pupil tax rate; and
128 (iv) the WPU value rate.
129 (b) (i) If the difference described in Subsection (7)(a) equals or exceeds the cost of the
130 basic school program in a school district, no state contribution shall be made to the basic
131 school program for the school district.
132 (ii) The proceeds of the difference described in Subsection (7)(a) that exceed the cost
133 of the basic school program shall be paid into the Uniform School Fund as provided by law and
134 by the close of the fiscal year in which the proceeds were calculated.
135 (8) Upon appropriation by the Legislature, the Division of Finance shall deposit an
136 amount equal to the proceeds generated statewide:
137 (a) by the basic levy increment rate into the Minimum Basic Growth Account created
138 in Section 53F-9-302;
139 (b) by the equity pupil tax rate into the Local Levy Growth Account created in Section
140 53F-9-305; and
141 (c) by the WPU value rate into the Teacher and Student Success Account created in
142 Section 53F-9-306.
143 Section 2. Section 53F-2-306 is amended to read:
144 53F-2-306. Weighted pupil units for small school district administrative costs --
145 Appropriation for charter school administrative costs.
146 (1) Administrative costs weighted pupil units are computed for a small school district
147 and distributed to the small school district in accordance with the following schedule:
| 148 | |||
| 149 | School District Enrollment as of October 1 | Weighted Pupil Units | |
| 150 | 1 - 500 students | 95 | |
| 151 | 501 - 1,000 students | 80 | |
| 152 | 1,001 - 2,000 students | 70 | |
| 153 | 2,001 - 5,000 students | 60 | |
155 of Education for charter school administrative costs shall be distributed to charter schools in
156 the amount of $100 for each charter school student in enrollment.
157 (b) (i) If money appropriated for charter school administrative costs is insufficient to
158 provide the amount per student prescribed in Subsection (2)(a), the appropriation shall be
159 allocated among charter schools in proportion to each charter school's enrollment as a
160 percentage of the total enrollment in charter schools.
161 (ii) If the State Board of Education makes adjustments to Minimum School Program
162 allocations under Section 53F-2-205, the allocation provided in Subsection (2)(b)(i) shall be
163 determined after adjustments are made under Section 53F-2-205.
164 (iii) For fiscal year 2020, the state board shall distribute $40,000 to each charter school
165 that enrolls fewer than 400 students.
166 (c) Charter school governing boards are encouraged to identify and use cost-effective
167 methods of performing administrative functions, including contracting for administrative
168 services with the State Charter School Board as provided in Section 53G-5-202.
169 (3) Charter schools are not eligible for funds for administrative costs under Subsection
170 (1).
171 Section 3. Section 53F-2-410 is amended to read:
172 53F-2-410. Enhancement for At-Risk Students Program.
173 (1) (a) Subject to Subsection (1)(b), the State Board of Education shall distribute
174 money appropriated for the Enhancement for At-Risk Students Program to school districts and
175 charter schools according to a formula adopted by the State Board of Education, after
176 consultation with local education boards.
177 (b) (i) The State Board of Education shall appropriate $1,500,000 from the
178 appropriation for Enhancement for At-Risk Students Program for a gang prevention and
179 intervention program designed to help students at risk for gang involvement stay in school.
180 (ii) Money for the gang prevention and intervention program shall be distributed to
181 school districts and charter schools through a request for proposals process.
182 (2) In establishing a distribution formula under Subsection (1)(a), the State Board of
183 Education shall:
184 (a) use the following criteria:
185 (i) low performance on statewide assessments described in Section 53E-4-301;
186 (ii) poverty;
187 (iii) mobility;
188 (iv) limited English proficiency;
189 (v) chronic absenteeism; and
190 (vi) homelessness;
191 (b) ensure that the distribution formula distributes money on a per student and per
192 criterion basis; and
193 (c) ensure that the distribution formula provides funding for each criterion that a
194 student meets such that a student who meets:
195 (i) one criterion is counted once; and
196 (ii) more than one criterion is counted for each criterion the student meets up to three
197 criteria.
198 (3) Subject to future budget constraints, the amount appropriated for the Enhancement
199 for At-Risk Students Program shall increase annually [
200
201 (a) a student growth adjustment that is the higher of:
202 (i) the percentage of enrollment growth of students in kindergarten through grade 12;
203 or
204 (ii) the percentage of enrollment growth of students in the combined three highest
205 at-risk student criteria categories described in Subsection (2)(a); and
206 (b) changes to the value of the weighted pupil unit as defined in Section [
207 53F-4-301.
208 (4) A local education board shall use money distributed under this section to improve
209 the academic achievement of students who are at risk of academic failure including addressing
210 truancy.
211 (5) The State Board of Education shall:
212 (a) develop performance criteria to measure the effectiveness of the Enhancement for
213 At-Risk Students Program[
214 (b) annually determine the three highest at-risk student criteria categories described in
215 Subsection (2)(a).
216 (6) If a school district or charter school receives an allocation of less than $10,000
217 under this section, the school district or charter school may use the allocation as described in
218 Section 53F-2-206.
219 (7) During the fiscal year that begins July 1, 2022, the Public Education Appropriations
220 Subcommittee shall evaluate:
221 (a) the impact of funding provided in this section to determine whether the funding has
222 improved educational outcomes for students who are at-risk for academic failure; and
223 (b) whether the funding should continue as established, be amended, or be consolidated
224 in the value of the weighted pupil unit.
225 Section 4. Section 53F-2-520, which is renumbered from Section 53F-5-211 is
226 renumbered and amended to read:
227 [
228 (1) As used in this section:
229 (a) "Eligible [
230 (i) that is located in a county of the fourth, fifth, or sixth class, as defined in Section
231 17-50-501; and
232 (ii) in which at least 65% of the students enrolled in the school district or charter
233 school qualify for free or reduced price lunch[
234 (b) "Eligible school" means a school:
235 (i) in an eligible LEA; and
236 (ii) that the eligible LEA has provided transportation to and from [
237 regular school day for students for at least five years.
238 [
239 (i) [
240 LEA; or
241 (ii) [
242 an eligible LEA.
243 (2) [
244 Board of Education to receive reimbursement for an expense that:
245 (a) the [
246 school for the regular school day; and
247 (b) the [
248 transportation described in Section 53F-2-402 or 53F-2-403.
249 (3) (a) Subject to legislative appropriations, and except as provided in Subsection
250 (3)(b), the State Board of Education shall reimburse [
251 for an expense included in a request described in Subsection (2).
252 (b) If the legislative appropriation for this section is insufficient to fund an expense in a
253 request received under Subsection (2), the State Board of Education may reduce [
254
255 Subsection (4).
256 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
257 State Board of Education shall make rules that establish:
258 (a) requirements for information [
259 in a reimbursement request described in Subsection (2);
260 (b) a deadline by which [
261 described in Subsection (2); and
262 (c) a formula for reducing [
263 Subsection (3).
264 (5) Nothing in this section affects a school district's allocation for pupil transportation
265 under Sections 53F-2-402 and 53F-2-403.
266 Section 5. Fiscal year 2019 appropriations.
267 The following sums of money are appropriated for the fiscal year beginning July 1,
268 2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
269 fiscal year 2019.
270 Subsection 5(a). Operating and Capital Budgets.
271 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
272 Legislature appropriates the following sums of money from the funds or accounts indicated for
273 the use and support of the government of the state of Utah.
274
Public Education
275
State Board of Education - Minimum School Program
276
Item
1 To State Board of Education - Minimum School Program - Related to Basic School277 Programs
278 From Education Fund, One-time
4,167,500
279 Schedule of Programs:
280 Flexible Allocation - WPU Distribution (76,800)
281 Educator Salary Adjustments 4,300,000
282 Early Graduation from Competency-Based Education (55,700)
283
State Board of Education
284
Item
2 To State Board of Education - State Administrative Office285 From Nonlapsing Balances - MSP - Related to Basic Program, One-time
400,000
286 Schedule of Programs:
287 Information Technology 400,000
288 The Legislature intends that the State Board of Education use up to $400,000 in
289 nonlapsing balances in the Minimum School Program - Related to Basic School Program to
290 implement an online reporting platform for student transportation data.
291 Section 6. Fiscal year 2020 appropriations -- Value of the weighted pupil unit.
292 (1) The following sums of money are appropriated for the fiscal year beginning July 1,
293 2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
294 fiscal year 2020.
295 (2) The value of each weighted pupil unit (WPU) for fiscal year 2020 is increased from
296 the value of the WPU for fiscal year 2020 established in S.B. 1, Public Education Base Budget
297 Amendments, and set at $3,515.
298 Subsection 6(a). Operating and Capital Budgets.
299 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
300 Legislature appropriates the following sums of money from the funds or accounts indicated for
301 the use and support of the government of the state of Utah.
302
Public Education
303
State Board of Education - Minimum School Program
304
Item
3 To State Board of Education - Minimum School Program - Basic School Program305 From Education Fund
89,418,800
306 From Uniform School Fund
5,000,000
307 From Local Revenue
44,293,500
308 Schedule of Programs:
309 Kindergarten (894 WPUs) 6,308,400
310 Grades 1 - 12 (6,429 WPUs) 93,820,700
311 Foreign Exchange 39,300
312 Necessarily Existent Small Schools 1,150,500
313 Professional Staff (374 WPUs) 7,980,000
314 Administrative Costs (-15 WPUs) 127,900
315 Special Education - Add-on (1,875 WPUs) 16,044,500
316 Special Education - Preschool (127 WPUs) 1,772,700
317 Special Education - Self-Contained (-183 WPUs) 1,033,100
318 Special Education - Extended School Year (5 WPUs) 71,200
319 Special Education - Impact Aid (21 WPUs) 315,600
320 Special Education - Intensive Services (8 WPUs) 121,500
321 Special Education - Extended Year for Special Educators 109,000
322 Career and Technical Education - Add-on (-60 WPUs) 3,241,600
323 Class Size Reduction (457 WPUs) 6,576,300
324 (1) (a) The Legislature intends that the State Board of Education study the Necessarily
325 Existent Small Schools distribution formula, including:
326 (i) the recalculation of the regression formulas used to distribute program weighted
327 pupil units;
328 (ii) ways to address the unique needs of geographically isolated schools;
329 (iii) school size limits identified in statute; and
330 (iv) school qualification requirements.
331 (b) The Legislature further intends that the State Board of Education report to the
332 Public Education Appropriations Subcommittee, regarding the study described in Subsection
333 (1)(a), with:
334 (i) a progress update on or before October 31, 2019; and
335 (ii) a final report on or before October 31, 2020.
336 (2) The Legislature intends that the State Board of Education, in conjunction with the
337 local education agencies (LEAs), report on or before January 31, 2020, to the Public Education
338 Appropriations Subcommittee on per pupil expenditures on operations as defined by the State
339 Board of Education for each LEA and each school within the LEA in fiscal year 2019.
340
Item
4 To State Board of Education - Minimum School Program - Related to Basic School341 Programs
342 From Education Fund
40,904,900
343 From Education Fund, One-time
(55,700)
344 From Education Fund Restricted - Charter School Levy Account
3,091,400
345 From Teacher and Student Success Account
16,450,000
346 From Uniform School Fund Restricted - Trust Distribution Account
8,663,100
347 Schedule of Programs:
348 Pupil Transportation To and From School 4,164,400
349 Enhancement for At-Risk Students 1,567,500
350 Youth in Custody 385,400
351 Adult Education 615,200
352 Enhancement for Accelerated Students 237,900
353 Centennial Scholarship Program 18,000
354 Concurrent Enrollment 510,000
355 School LAND Trust Program 8,663,100
356 Charter School Local Replacement 12,516,300
357 Charter School Administration 131,600
358 Early Literacy Program (450,000)
359 Educator Salary Adjustments 4,300,000
360 Early Graduation from Competency-Based Education (55,700)
361 Teacher and Student Success Program 36,450,000
362 The Legislature intends that the State Board of Education use up to $445,800 in
363 nonlapsing balances in the Minimum School Program - Related to Basic School Program,
364 Charter School Administration and Charter School Local Replacement programs to provide
365 $40,000 to each charter school that enrolls fewer than 400 students.
366
Item
5 To State Board of Education - Minimum School Program - Voted and Board Local367 Levy Programs
368 From Education Fund, One-time
(20,900,000)
369 From Local Levy Growth Account
12,880,600
370 From Local Revenue
124,827,100
371 Schedule of Programs:
372 Voted Local Levy Program 25,777,200
373 Board Local Levy Program 91,030,500
374
State Board of Education
375
Item
6 To State Board of Education - Child Nutrition376 From Education Fund
500
377 From Federal Funds
17,200
378 From Dedicated Credit - Liquor Tax
(17,700)
379
Item
7 To State Board of Education - Educator Licensing380 From Education Fund
1,000
381 From Dedicated Credits Revenue
(1,000)
382
Item
8 To State Board of Education - Initiative Programs383 From General Fund
363,000
384 From Education Fund
1,659,000
385 Schedule of Programs:
386 Carson Smith Scholarships 363,000
387 Contracts and Grants (300,000)
388 CTE Online Assessments (341,000)
389 Competency-Based Education Grants 2,300,000
390
Item
9 To State Board of Education - MSP Categorical Program Administration391 From Education Fund
2,966,900
392 Schedule of Programs:
393 Enhancement for At-Risk Students 180,700
394 Youth-in-Custody 741,400
395 Early Literacy Program 450,000
396 CTE Online Assessments 625,500
397 CTE Student Organizations 969,300
398
Item
10 To State Board of Education - State Administrative Office399 From Education Fund
114,400
400 From Federal Funds
(75,900)
401 From General Fund Restricted - Mineral Lease
(7,400)
402 From General Fund Restricted - Substance Abuse Prevention
3,800
403 From Uniform School Fund Restricted - Trust Distribution Account
61,200
404 Schedule of Programs:
405 School Trust 60,000
406 Statewide Online Education Program 36,100
407 The Legislature intends that the State Board of Education:
408 (1) study the governance, funding, and role of the State Board of Education in
409 providing oversight and coordinating the delivery of state education programs in the regional
410 service centers; and
411 (2) report on or before October 31, 2019, to the Public Education Appropriations
412 Subcommittee on the study described in Subsection (1).
413
Item
11 To State Board of Education - General System Support414 From General Fund, One-time
250,000
415 Schedule of Programs:
416 Career and Technical Education 250,000
417
Item
12 To State Board of Education - Teaching and Learning418 From Education Fund
3,800
419 From Revenue Transfers
(3,800)
420
Item
13 To State Board of Education - Utah Schools for the Deaf and the Blind421 From Education Fund, One-time
500,000
422 Schedule of Programs:
423 Educational Services (19,507,700)
424 Support Services (19,885,700)
425 Administration 3,839,000
426 Transportation 4,257,300
427 Utah State Instructional Materials Access Center 1,876,200
428 School for the Deaf 17,281,900
429 School for the Blind 12,639,000
430
School and Institutional Trust Fund Office
431
Item
14 To School and Institutional Trust Fund Office432 From School and Institutional Trust Fund Management Account
260,000
433 Schedule of Programs:
434 School and Institutional Trust Fund Office 260,000
435 Subsection 6(b). Restricted Fund and Account Transfers.
436 The Legislature authorizes the State Division of Finance to transfer the following
437 amounts between the following funds or accounts as indicated. Expenditures and outlays from
438 the funds to which the money is transferred must be authorized by an appropriation.
439
Public Education
440
Item
15 To Local Levy Growth Account441 From Education Fund
12,880,600
442 Schedule of Programs:
443 Local Levy Growth Account 12,880,600
444
Item
16 To Teacher and Student Success Account445 From Education Fund
16,450,000
446 Schedule of Programs:
447 Teacher and Student Success Account 16,450,000
448 Section 7. Effective date.
449 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2019.
450 (2) If approved by two-thirds of all the members elected to each house, Section 5,
451 Fiscal year 2019 appropriations, takes effect upon approval by the governor, or the day
452 following the constitutional time limit of Utah Constitution, Article VII, Section 8, without the
453 governor's signature, or in the case of a veto, the date of veto override.