Chief Sponsor: Derrin R. Owens

Senate Sponsor: Lyle W. Hillyard


9     General Description:
10          This bill amends provisions related to formulas for funding for necessarily existent
11     small schools and creates a process to reimburse rural schools for expenses related to
12     extracurricular activities.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     amends provisions related to formulas for funding for necessarily existent small
17     schools;
18          ▸     creates a process to reimburse rural schools for expenses related to extracurricular
19     activities approved by the State Board of Education; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          This bill appropriates:
23          ▸     to State Board of Education -- Minimum School Program -- Related to Basic School
24     Programs, as an ongoing appropriation:
25               •     from the Education Fund, $100,000.
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:

30          53F-2-102, as last amended by Laws of Utah 2019, Chapter 186
31          53F-2-304, as last amended by Laws of Utah 2019, Chapter 186
32     ENACTS:
33          53F-5-214, Utah Code Annotated 1953

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53F-2-102 is amended to read:
37          53F-2-102. Definitions.
38          As used in this chapter:
39          (1) "Basic state-supported school program," "basic program," or "basic school
40     program" means public education programs for kindergarten, elementary, and secondary school
41     students that are operated and maintained for the amount derived by multiplying the number of
42     weighted pupil units for each school district or charter school by the value established each
43     year in the enacted public education budget, except as otherwise provided in this chapter.
44          (2) "LEA governing board" means a local school board or charter school governing
45     board.
46          (3) "Pupil in average daily membership [(ADM)]" or "ADM" means a full-day
47     equivalent pupil.
48          (4) (a) "Minimum School Program" means the state-supported public school programs
49     for kindergarten, elementary, and secondary schools as described in this Subsection (4).
50          (b) The Minimum School Program established in school districts and charter schools
51     shall include the equivalent of a school term of nine months as determined by the state board.
52          (c) (i) The state board shall establish the number of days or equivalent instructional
53     hours that school is held for an academic school year.
54          (ii) Education, enhanced by utilization of technologically enriched delivery systems,
55     when approved by an LEA governing board, shall receive full support by the state board as it
56     pertains to fulfilling the attendance requirements, excluding time spent viewing commercial
57     advertising.

58          (d) (i) An LEA governing board may reallocate up to 32 instructional hours or four
59     school days established under Subsection (4)(c) for teacher preparation time or teacher
60     professional development.
61          (ii) A reallocation of instructional hours or school days under Subsection (4)(d)(i) is
62     subject to the approval of two-thirds of the members of an LEA governing board voting in a
63     regularly scheduled meeting:
64          (A) at which a quorum of the LEA governing board is present; and
65          (B) held in compliance with Title 52, Chapter 4, Open and Public Meetings Act.
66          (iii) If an LEA governing board reallocates instructional hours or school days as
67     provided by this Subsection (4)(d), the school district or charter school shall notify students'
68     parents of the school calendar at least 90 days before the beginning of the school year.
69          (iv) Instructional hours or school days reallocated for teacher preparation time or
70     teacher professional development pursuant to this Subsection (4)(d) is considered part of a
71     school term referred to in Subsection (4)(b).
72          (e) The Minimum School Program includes a program or allocation funded by a line
73     item appropriation or other appropriation designated as follows:
74          (i) Basic School Program;
75          (ii) Related to Basic Programs;
76          (iii) Voted and Board Levy Programs; or
77          (iv) Minimum School Program.
78          (5) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
79     factors that is computed in accordance with this chapter for the purpose of determining the
80     costs of a program on a uniform basis for each school district or charter school.
81          Section 2. Section 53F-2-304 is amended to read:
82          53F-2-304. Necessarily existent small schools -- Computing additional weighted
83     pupil units -- Consolidation of small schools.
84          (1) As used in this section, "necessarily existent small schools funding balance" means
85     the difference between:

86          (a) the amount appropriated for the necessarily existent small schools program in a
87     fiscal year; and
88          (b) the amount distributed to school districts for the necessarily existent small schools
89     program in the same fiscal year.
90          (2) (a) Upon application by a local school board, the state board shall, in consultation
91     with the local school board, classify schools in the school district as necessarily existent small
92     schools, in accordance with this section and state board rules adopted under Subsection (3).
93          (b) An application must be submitted to the state board before April 2, and the state
94     board must report a decision to a local school board before June 2.
95          (3) The state board shall adopt standards and make rules to:
96          (a) govern the approval of necessarily existent small schools consistent with principles
97     of efficiency and economy that serve the purpose of eliminating schools where consolidation is
98     feasible by participation in special school units; and
99          (b) ensure that school districts are not building secondary schools in close proximity to
100     one another where economy and efficiency would be better served by one school meeting the
101     needs of secondary students in a designated geographical area.
102          [(4) A one or two-year secondary school that has received necessarily existent small
103     school money under this section prior to July 1, 2000, may continue to receive such money in
104     subsequent years.]
105          [(5)] (4) The state board shall prepare and publish objective standards and guidelines
106     for determining which small schools are necessarily existent after consultation with local
107     school boards.
108          [(6)] (5) (a) Additional weighted pupil units for schools classified as necessarily
109     existent small schools shall be computed using [regression] distribution formulas adopted by
110     the state board.
111          (b) The [regression] distribution formulas establish the following maximum sizes for
112     funding under the necessarily existent small school program:
113          (i) an elementary school                    160

114          (ii) a one or two-year secondary school          300
115          (iii) a three-year secondary school               450
116          (iv) a four-year secondary school               500
117          (v) a six-year secondary school               600
118          (c) [Schools] An elementary school with fewer than 10 students shall receive the same
119     add-on weighted pupil units as [schools] an elementary school with 10 students.
120          (d) A secondary school with fewer than 15 students shall receive the same add-on
121     weighted pupil units as a secondary school with 15 students.
122          (e) If a necessarily existent small school generates ADM in both elementary and
123     secondary grades, the state board may divide the school's ADM between an elementary and
124     secondary distribution formula.
125          [(d)] (f) The state board shall prepare and distribute an allocation table based on the
126     [regression] distribution formula to each school district.
127          [(7)] (6) (a) To avoid penalizing a school district financially for consolidating the
128     school district's small schools, additional weighted pupil units may be allowed a school district
129     each year, not to exceed two years.
130          (b) The additional weighted pupil units may not exceed the difference between what
131     the school district receives for a consolidated school and what the school district would have
132     received for the small schools had the small schools not been consolidated.
133          [(8)] (7) Subject to legislative appropriation, the state board shall give first priority
134     from an appropriation made under this section to funding an expense approved by the state
135     board as described in Subsection 53G-6-305(3)(a).
136          [(9)] (8) (a) Subject to Subsection [(9)] (8)(b) and after a distribution made under
137     Subsection [(8)] (7), the state board may distribute a portion of necessarily existent small
138     schools funding:
139          (i) in accordance with a formula adopted by the state board that considers the tax effort
140     of a local school board[.]; or
141          (ii) to isolated small schools, as identified by the state board.

142          (b) The amount distributed in accordance with Subsection [(9)] (8)(a) may not exceed
143     the necessarily existent small schools fund in balance of the prior fiscal year.
144          [(10)] (9) A local school board may use the money allocated under this section for
145     maintenance and operation of school programs or for other school purposes as approved by the
146     state board.
147          Section 3. Section 53F-5-214 is enacted to read:
148          53F-5-214. Rural school extracurricular activities reimbursement.
149          (1) As used in this section:
150          (a) "Approved extracurricular activity" means an extracurricular activity as that term is
151     defined in Section 53G-7-501, that is approved by the state board in accordance with this
152     section.
153          (b) "Eligible LEA" means an LEA in a county of the fourth, fifth, or sixth class, as
154     defined in Section 17-50-501.
155          (c) "LEA governing board" means:
156          (i) the local school board of a school district that is an eligible LEA; or
157          (ii) the charter school governing board of a charter school that is an eligible LEA.
158          (2) (a) An LEA governing board may annually submit a request to the state board to
159     receive reimbursement for an expense related to an approved extracurricular activity incurred
160     by the eligible LEA, including transportation expenses.
161          (b) The state board may approve a request for reimbursement in accordance with
162     criteria established by the state board under Subsection (4).
163          (3) (a) Subject to appropriations of the Legislature for this purpose, and except as
164     provided in Subsection (3)(b), the state board shall reimburse an eligible LEA for expenses
165     related to an approved extracurricular activity in accordance with this section and rules made
166     by the state board under Subsection (4).
167          (b) If the appropriation of the Legislature for this section is insufficient to reimburse an
168     expense in a request received under Subsection (2), the state board may reduce an eligible
169     LEA's reimbursement in accordance with rules made by the state board under Subsection (4).

170          (4) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
171     Administrative Rulemaking Act, that establish:
172          (a) an approved extracurricular activity;
173          (b) requirements for information an LEA governing board shall submit in a request
174     described in Subsection (2);
175          (c) a deadline by which an LEA governing board shall submit a request described in
176     Subsection (2);
177          (d) critera for approving a request for reimbursement;
178          (e) a formula for reducing an eligible LEA's reimbursement under Subsection (3); and
179          (f) a process for distributing reimbursement to an eligible LEA.
180          (5) In making the rules described in Subsection (4)(a), the state board shall prioritize
181     extracurricular activities that promote heritage, arts, and cultural education.
182          Section 4. Appropriation.
183          The following sums of money are appropriated for the fiscal year beginning July 1,
184     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
185     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
186     Act, the Legislature appropriates the following sums of money from the funds or accounts
187     indicated for the use and support of the government of the state of Utah.
188     ITEM 1
189          To State Board of Education -- Minimum School Program -- Related to Basic School
190          Programs
191               From Education Fund, Ongoing

192               Schedule of Programs:
193                Rural school extracurricular activities reimbursement     $100,000
194          The Legislature intends that the State Board of Education use the appropriation
195     described in this section to reimburse an eligible local education agency for expenses related to
196     an approved extracurricular activity in accordance with Section 53F-5-214.