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7 LONG TITLE
8 General Description:
9 This bill supplements or reduces appropriations otherwise provided for the support and
10 operation of public education for the fiscal year beginning July 1, 2019, and ending
11 June 30, 2020, and for the fiscal year beginning July 1, 2020, and ending June 30, 2021.
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 ▸ increases the value of the weighted pupil unit (WPU) by 6% over the value of the
17 WPU for fiscal year 2020 to set the value at $3,745 for fiscal year 2021;
18 ▸ adjusts the number of weighted pupil units to implement program changes in the
19 Necessarily Existent Small Schools program;
20 ▸ provides appropriations for other purposes as described;
21 ▸ amends and enacts provisions related to certain appropriations for public education,
22 including:
23 • youth in custody;
24 • use of Minimum School Program balances;
25 • charter school administration; and
26 • the nonlapsing authority of the State Board of Education;
27 ▸ makes technical and conforming changes; and
28 ▸ provides intent language.
29 Money Appropriated in this Bill:
30 This bill appropriates $3,820,200 in operating and capital budgets for fiscal year 2020,
31 all of which is from the Education Fund.
32 This bill appropriates $263,313,500 in operating and capital budgets for fiscal year
33 2021, including:
34 ▸ $236,365,300 from the Education Fund; and
35 ▸ $26,948,200 from various sources as detailed in this bill.
36 This bill appropriates $22,350,000 in restricted fund and account transfers for fiscal
37 year 2021, including:
38 ▸ $20,600,000 from the Education Fund; and
39 ▸ $1,750,000 from various sources as detailed in this bill.
40 Other Special Clauses:
41 This bill provides a special effective date.
42 Utah Code Sections Affected:
43 AMENDS:
44 53E-1-202, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
45 Coordination Clause, Laws of Utah 2019, Chapter 223
46 53E-3-503, as last amended by Laws of Utah 2019, Chapters 186 and 187
47 53F-2-205, as last amended by Laws of Utah 2019, Chapter 186
48 53F-2-301.5, as last amended by Laws of Utah 2019, Chapter 408
49 53F-2-304, as last amended by Laws of Utah 2019, Chapter 186
50 53F-2-306, as last amended by Laws of Utah 2019, Chapters 186 and 408
51 53F-2-504, as last amended by Laws of Utah 2019, Chapters 134, 186, and 283
52 63J-1-602.2, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
53 ENACTS:
54 53F-9-103, Utah Code Annotated 1953
55 REPEALS:
56 53F-2-414, as last amended by Laws of Utah 2019, Chapters 136 and 408
57
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 53E-1-202 is amended to read:
60 53E-1-202. Reports to and action required of the Public Education
61 Appropriations Subcommittee.
62 (1) In accordance with applicable provisions and Section 68-3-14, the following
63 recurring reports are due to the Public Education Appropriations Subcommittee:
64 (a) the State Superintendent's Annual Report by the state board described in Section
65 53E-1-203;
66 (b) the report described in Section 53E-10-703 by the Utah Leading through Effective,
67 Actionable, and Dynamic Education director on research and other activities; and
68 (c) the report by the STEM Action Center Board described in Section 63N-12-208,
69 including the information described in Section 63N-12-213 on the status of the computer
70 science initiative.
71 (2) (a) The one-time report by the state board regarding cost centers and implementing
72 activity based costing is due to the Public Education Appropriations Subcommittee in
73 accordance with Section 53E-3-520.
74 (b) The occasional report, described in Section 53F-2-502 by the state board on the
75 program evaluation of the dual language immersion program, is due to the Public Education
76 Appropriations Subcommittee and in accordance with Section 68-3-14.
77 (3) In accordance with applicable provisions, the Public Education Appropriations
78 Subcommittee shall complete the following:
79 (a) the evaluation described in Section 53F-2-410 of funding for at-risk students; and
80 [
81
82 [
83 Section 2. Section 53E-3-503 is amended to read:
84 53E-3-503. Education of individuals in custody of or receiving services from
85 certain state agencies -- Establishment of coordinating council -- Advisory councils.
86 (1) (a) The state board is directly responsible for the education of all individuals who
87 are:
88 (i) (A) younger than 21 years old; or
89 (B) eligible for special education services as described in Chapter 7, Part 2, Special
90 Education Program; and
91 (ii) (A) receiving services from the Department of Human Services;
92 (B) in the custody of an equivalent agency of a Native American tribe recognized by
93 the United States Bureau of Indian Affairs and whose custodial parent resides within the state;
94 or
95 (C) being held in a juvenile detention facility.
96 (b) The state board shall:
97 (i) make rules to provide for the distribution of funds for the education of individuals
98 described in Subsection (1)(a)[
99 (ii) expend funds appropriated for the education of youth in custody in the following
100 order of priority:
101 (A) for students in a facility described in Subsection (1)(a)(ii) who are not included in
102 an LEA's average daily membership; and
103 (B) for students in a facility described in Subsection (1)(a)(ii) who are included in an
104 LEA's average daily membership and who may benefit from additional educational support
105 services.
106 (c) Subject to future budget constraints, the amount appropriated for the education of
107 youth in custody under this section shall increase annually based on the following:
108 (i) the percentage of enrollment growth of students in kindergarten through grade 12;
109 and
110 (ii) changes to the value of the weighted pupil unit as defined in Section 53F-4-301.
111 (2) Subsection (1)(a)(ii)(B) does not apply to an individual taken into custody for the
112 primary purpose of obtaining access to education programs provided for youth in custody.
113 (3) The state board shall, where feasible, contract with school districts or other
114 appropriate agencies to provide educational, administrative, and supportive services, but the
115 state board shall retain responsibility for the programs.
116 (4) The Legislature shall establish and maintain separate education budget categories
117 for youth in custody or who are under the jurisdiction of the following state agencies:
118 (a) detention centers and the Divisions of Juvenile Justice Services and Child and
119 Family Services;
120 (b) the Division of Substance Abuse and Mental Health; and
121 (c) the Division of Services for People with Disabilities.
122 (5) (a) The Department of Human Services and the state board shall appoint a
123 coordinating council to plan, coordinate, and recommend budget, policy, and program
124 guidelines for the education and treatment of persons in the custody of the Division of Juvenile
125 Justice Services and the Division of Child and Family Services.
126 (b) The Department of Human Services and the state board may appoint similar
127 councils for those in the custody of the Division of Substance Abuse and Mental Health or the
128 Division of Services for People with Disabilities.
129 (6) A school district contracting to provide services under Subsection (3) shall
130 establish an advisory council to plan, coordinate, and review education and treatment programs
131 for individuals held in custody in the district.
132 Section 3. Section 53F-2-205 is amended to read:
133 53F-2-205. Powers and duties of state board to adjust Minimum School Program
134 allocations -- Use of remaining funds at the end of a fiscal year.
135 (1) As used in this section:
136 (a) "ESEA" means the Elementary and Secondary Education Act of 1965, 20 U.S.C.
137 Sec. 6301 et seq.
138 (b) "Program" means a program or allocation funded by a line item appropriation or
139 other appropriation designated as:
140 (i) Basic Program;
141 (ii) Related to Basic Programs;
142 (iii) Voted and Board Levy Programs; or
143 (iv) Minimum School Program.
144 (2) Except as provided in Subsection (3) or (5), if the number of weighted pupil units
145 in a program is underestimated, the state board shall reduce the value of the weighted pupil unit
146 in that program so that the total amount paid for the program does not exceed the amount
147 appropriated for the program.
148 (3) If the number of weighted pupil units in a program is overestimated, the state board
149 shall spend excess money appropriated for the following purposes giving priority to the
150 purpose described in Subsection (3)(a):
151 (a) to support the value of the weighted pupil unit in a program within the basic
152 state-supported school program in which the number of weighted pupil units is underestimated;
153 (b) to support the state guaranteed local levy increments as defined in Section
154 53F-2-601, if:
155 (i) local contributions to the voted local levy program or board local levy program are
156 overestimated; or
157 (ii) the number of weighted pupil units within school districts qualifying for a
158 guarantee is underestimated;
159 (c) to support the state supplement to local property taxes allocated to charter schools,
160 if the state supplement is less than the amount prescribed by Section 53F-2-704; [
161 (d) to fund the cost of the salary supplements described in Section 53F-2-504; or
162 [
163 Section 53F-2-207.
164 (4) If local contributions from the minimum basic tax rate imposed under Section
165 53F-2-301 or 53F-2-301.5, as applicable, are overestimated, the state board shall reduce the
166 value of the weighted pupil unit for all programs within the basic state-supported school
167 program so the total state contribution to the basic state-supported school program does not
168 exceed the amount of state funds appropriated.
169 (5) If local contributions from the minimum basic tax rate imposed under Section
170 53F-2-301 or 53F-2-301.5, as applicable, are underestimated, the state board shall:
171 (a) spend the excess local contributions for the purposes specified in Subsection (3),
172 giving priority to supporting the value of the weighted pupil unit in programs within the basic
173 state-supported school program in which the number of weighted pupil units is underestimated;
174 and
175 (b) reduce the state contribution to the basic state-supported school program so the
176 total cost of the basic state-supported school program does not exceed the total state and local
177 funds appropriated to the basic state-supported school program plus the local contributions
178 necessary to support the value of the weighted pupil unit in programs within the basic
179 state-supported school program in which the number of weighted pupil units is underestimated.
180 (6) Except as provided in Subsection (3) or (5), the state board shall reduce the state
181 guarantee per weighted pupil unit provided under the local levy state guarantee program
182 described in Section 53F-2-601, if:
183 (a) local contributions to the voted local levy program or board local levy program are
184 overestimated; or
185 (b) the number of weighted pupil units within school districts qualifying for a
186 guarantee is underestimated.
187 (7) Money appropriated to the state board is nonlapsing, including appropriations to the
188 Minimum School Program and all agencies, line items, and programs under the jurisdiction of
189 the state board.
190 (8) The state board shall report actions taken by the state board under this section to the
191 Office of the Legislative Fiscal Analyst and the Governor's Office of Management and Budget.
192 Section 4. Section 53F-2-301.5 is amended to read:
193 53F-2-301.5. Minimum basic tax rate for a fiscal year that begins on July 1, 2018,
194 2019, 2020, 2021, or 2022.
195 (1) The provisions of this section are in effect for a fiscal year that begins before July 1,
196 2023.
197 (2) As used in this section:
198 (a) "Basic levy increment rate" means a tax rate that will generate an amount of
199 revenue equal to $75,000,000.
200 (b) "Combined basic rate" means a rate that is the sum of:
201 (i) the rate floor; and
202 (ii) the WPU value rate.
203 (c) "Commission" means the State Tax Commission.
204 (d) "Equity pupil tax rate" means the tax rate that is:
205 (i) calculated by subtracting the minimum basic tax rate from the rate floor; or
206 (ii) zero, if the rate calculated in accordance with Subsection (2)(d)(i) is zero or less.
207 (e) "Minimum basic local amount" means an amount that is:
208 (i) equal to the sum of:
209 (A) the school districts' contribution to the basic school program the previous fiscal
210 year;
211 (B) the amount generated by the basic levy increment rate; and
212 (C) the eligible new growth, as defined in Section 59-2-924 and rules of the State Tax
213 Commission multiplied by the minimum basic tax rate; and
214 (ii) set annually by the Legislature in Subsection (3)(a).
215 (f) "Minimum basic tax rate" means a tax rate certified by the commission that will
216 generate an amount of revenue equal to the minimum basic local amount described in
217 Subsection (3)(a).
218 (g) "Rate floor" means a rate that is the greater of:
219 (i) a .0016 tax rate; or
220 (ii) the minimum basic tax rate.
221 (h) "Weighted pupil unit value" or "WPU value" means the amount established each
222 year in the enacted public education budget that is multiplied by the number of weighted pupil
223 units to yield the funding level for the basic school program.
224 (i) "WPU value amount" means an amount that is:
225 (i) equal to the product of:
226 (A) the total cost to the basic school program to increase the WPU value over the WPU
227 value in the prior fiscal year; and
228 (B) the percentage share of local revenue to the cost of the basic school program in the
229 prior fiscal year; and
230 (ii) set annually by the Legislature in Subsection (4)(a).
231 (j) "WPU value rate" means a tax rate certified by the commission that will generate an
232 amount of revenue equal to the WPU value amount described in Subsection (4)(a).
233 (3) (a) The minimum basic local amount for the fiscal year that begins on July 1,
234 [
235 (b) The preliminary estimate for the minimum basic tax rate for the fiscal year that
236 begins on July 1, [
237 (4) (a) The WPU value amount for the fiscal year that begins on July 1, [
238 [
239 (b) The preliminary estimate for the WPU value rate for the fiscal year that begins on
240 July 1, [
241 (5) (a) On or before June 22, the commission shall certify for the year:
242 (i) the minimum basic tax rate; and
243 (ii) the WPU value rate.
244 (b) The estimate of the minimum basic tax rate provided in Subsection (3)(b) and the
245 estimate of the WPU value rate provided in Subsection (4)(b) is based on a forecast for
246 property values for the next calendar year.
247 (c) The certified minimum basic tax rate described in Subsection (5)(a)(i) and the
248 certified WPU value rate described in Subsection (5)(a)(ii) are based on property values as of
249 January 1 of the current calendar year, except personal property, which is based on values from
250 the previous calendar year.
251 (6) (a) To qualify for receipt of the state contribution toward the basic school program
252 and as a school district's contribution toward the cost of the basic school program for the school
253 district, a local school board shall impose the combined basic rate.
254 (b) (i) The state is not subject to the notice requirements of Section 59-2-926 before
255 imposing the tax rates described in this Subsection (6).
256 (ii) The state is subject to the notice requirements of Section 59-2-926 if the state
257 authorizes a tax rate that exceeds the tax rates described in this Subsection (6).
258 (7) (a) The state shall contribute to each school district toward the cost of the basic
259 school program in the school district an amount of money that is the difference between the
260 cost of the school district's basic school program and the sum of the revenue generated by the
261 school district by the following:
262 (i) the minimum basic tax rate;
263 (ii) the basic levy increment rate;
264 (iii) the equity pupil tax rate; and
265 (iv) the WPU value rate.
266 (b) (i) If the difference described in Subsection (7)(a) equals or exceeds the cost of the
267 basic school program in a school district, no state contribution shall be made to the basic
268 school program for the school district.
269 (ii) The proceeds of the difference described in Subsection (7)(a) that exceed the cost
270 of the basic school program shall be paid into the Uniform School Fund as provided by law and
271 by the close of the fiscal year in which the proceeds were calculated.
272 (8) Upon appropriation by the Legislature, the Division of Finance shall deposit an
273 amount equal to the proceeds generated statewide:
274 (a) by the basic levy increment rate into the Minimum Basic Growth Account created
275 in Section 53F-9-302;
276 (b) by the equity pupil tax rate into the Local Levy Growth Account created in Section
277 53F-9-305; and
278 (c) by the WPU value rate into the Teacher and Student Success Account created in
279 Section 53F-9-306.
280 Section 5. Section 53F-2-304 is amended to read:
281 53F-2-304. Necessarily existent small schools -- Computing additional weighted
282 pupil units -- Consolidation of small schools.
283 (1) As used in this section, "necessarily existent small schools funding balance" means
284 the difference between:
285 (a) the amount appropriated for the necessarily existent small schools program in a
286 fiscal year; and
287 (b) the amount distributed to school districts for the necessarily existent small schools
288 program in the same fiscal year.
289 (2) (a) Upon application by a local school board, the state board shall, in consultation
290 with the local school board, classify schools in the school district as necessarily existent small
291 schools, in accordance with this section and state board rules adopted under Subsection (3).
292 (b) An application must be submitted to the state board before April 2, and the state
293 board must report a decision to a local school board before June 2.
294 (3) The state board shall adopt standards and make rules to:
295 (a) govern the approval of necessarily existent small schools consistent with principles
296 of efficiency and economy that serve the purpose of eliminating schools where consolidation is
297 feasible by participation in special school units; and
298 (b) ensure that school districts are not building secondary schools in close proximity to
299 one another where economy and efficiency would be better served by one school meeting the
300 needs of secondary students in a designated geographical area.
301 (4) A one or two-year secondary school that has received necessarily existent small
302 school money under this section [
303 the money in subsequent years.
304 (5) The state board shall prepare and publish objective standards and guidelines for
305 determining which small schools are necessarily existent after consultation with local school
306 boards.
307 (6) (a) Additional weighted pupil units for schools classified as necessarily existent
308 small schools shall be computed using regression formulas adopted by the state board.
309 (b) The regression formulas establish the following maximum sizes for funding under
310 the necessarily existent small school program:
311 (i) an elementary school 160
312 (ii) a one or two-year secondary school 300
313 (iii) a three-year secondary school 450
314 (iv) a four-year secondary school 500
315 (v) a six-year secondary school 600
316 (c) Schools with fewer than 10 students shall receive the same add-on weighted pupil
317 units as schools with 10 students.
318 (d) The state board shall prepare and distribute an allocation table based on the
319 regression formula to each school district.
320 (7) (a) To avoid penalizing a school district financially for consolidating the school
321 district's small schools, additional weighted pupil units may be allowed a school district each
322 year, not to exceed two years.
323 (b) The additional weighted pupil units may not exceed the difference between what
324 the school district receives for a consolidated school and what the school district would have
325 received for the small schools had the small schools not been consolidated.
326 (8) (a) The state board may allocate up to 200 weighted pupil units to support schools
327 that:
328 (i) have isolating conditions, as defined by the state board, including geographic
329 isolation; and
330 (ii) do not qualify for necessarily existent small schools funding due to formula
331 limitations.
332 (b) The state board shall review funding allocations under this Subsection (8) at least
333 once every five calendar years.
334 [
335 from an appropriation made under this section to funding an expense approved by the state
336 board as described in Subsection 53G-6-305(3)(a).
337 [
338 Subsection [
339 schools funding in accordance with a formula adopted by the state board that considers the tax
340 effort of a local school board.
341 (b) The amount distributed in accordance with Subsection [
342 the necessarily existent small schools fund in balance of the prior fiscal year.
343 [
344 maintenance and operation of school programs or for other school purposes as approved by the
345 state board.
346 Section 6. Section 53F-2-306 is amended to read:
347 53F-2-306. Weighted pupil units for small school district administrative costs --
348 Appropriation for charter school administrative costs.
349 (1) Administrative costs weighted pupil units are computed for a small school district
350 and distributed to the small school district in accordance with the following schedule:
| 351 | |||
| 352 | School District Enrollment as of October 1 | Weighted Pupil Units | |
| 353 | 1 - 500 students | 95 | |
| 354 | 501 - 1,000 students | 80 | |
| 355 | 1,001 - 2,000 students | 70 | |
| 356 | 2,001 - 5,000 students | 60 | |
358 for charter school administrative costs shall be distributed to charter schools in the amount of
359 $100 for each charter school student in enrollment.
360 (b) (i) If money appropriated for charter school administrative costs is insufficient to
361 provide the amount per student prescribed in Subsection (2)(a), the appropriation shall be
362 allocated among charter schools in proportion to each charter school's enrollment as a
363 percentage of the total enrollment in charter schools.
364 (ii) If the state board makes adjustments to Minimum School Program allocations
365 under Section 53F-2-205, the allocation provided in Subsection (2)(b)(i) shall be determined
366 after adjustments are made under Section 53F-2-205.
367 (iii) For fiscal year [
368 of $45,000 to each charter school that enrolls fewer than [
369 (c) Charter school governing boards are encouraged to identify and use cost-effective
370 methods of performing administrative functions, including contracting for administrative
371 services with the State Charter School Board as provided in Section 53G-5-202.
372 (3) Charter schools are not eligible for funds for administrative costs under Subsection
373 (1).
374 Section 7. Section 53F-2-504 is amended to read:
375 53F-2-504. Teacher Salary Supplement Program.
376 (1) As used in this section:
377 (a) "Eligible teacher" means a teacher who:
378 (i) has a qualifying educational background or qualifying teaching background;
379 (ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
380 educational background or qualifying teaching background;
381 (iii) qualifies for the teacher's supplement-approved assignment in accordance with
382 state board rule; and
383 (iv) is a new employee or received at least a satisfactory rating on the teacher's most
384 recent evaluation.
385 (b) "Field of computer science" means:
386 (i) computer science; or
387 (ii) computer information technology.
388 (c) "Field of science" means:
389 (i) integrated science;
390 (ii) chemistry;
391 (iii) physics;
392 (iv) physical science; or
393 (v) general science.
394 (d) "License" means the same as that term is defined in Section 53E-6-102.
395 (e) "Qualifying educational background" means:
396 (i) for a teacher who is assigned a secondary school level mathematics course:
397 (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
398 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
399 requirements that are substantially equivalent to the course requirements for a bachelor's degree
400 major, master's degree, or doctoral degree in mathematics;
401 (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
402 course, or physics course:
403 (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
404 or
405 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
406 requirements that are substantially equivalent to the course requirements of those required for a
407 bachelor's degree major, master's degree, or doctoral degree in a field of science;
408 (iii) for a teacher who is assigned a computer science course:
409 (A) a bachelor's degree major, master's degree, or doctoral degree in a field of
410 computer science; or
411 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
412 requirements that are substantially equivalent to the course requirements of those required for a
413 bachelor's degree major, master's degree, or doctoral degree in a field of computer science; or
414 (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
415 master's degree, or doctoral degree in special education.
416 (f) "Qualifying teaching background" means the teacher has been teaching the same
417 supplement-approved assignment in Utah public schools for at least 10 years.
418 (g) "Supplement-approved assignment" means an assignment to teach:
419 (i) a secondary school level mathematics course;
420 (ii) integrated science in grade 7 or 8;
421 (iii) chemistry;
422 (iv) physics;
423 (v) computer science; or
424 (vi) special education.
425 (2) (a) Subject to future budget constraints, the Legislature shall:
426 (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
427 annual salary supplements for eligible teachers provided in previous years; and
428 (ii) provide salary supplements to new recipients.
429 (b) Money appropriated for the Teacher Salary Supplement Program shall include
430 money for the following employer-paid benefits:
431 (i) retirement;
432 (ii) workers' compensation;
433 (iii) Social Security; and
434 (iv) Medicare.
435 (3) (a) The annual salary supplement for an eligible teacher who is assigned full-time
436 to a supplement-approved assignment is $4,100 and funded through an appropriation described
437 in Subsection (2).
438 (b) An eligible teacher who is assigned part-time to a supplement-approved assignment
439 shall receive a partial salary supplement based on the number of hours worked in the
440 supplement-approved assignment.
441 (4) The state board shall:
442 (a) create an online application system for a teacher to apply to receive a salary
443 supplement through the Teacher Salary Supplement Program;
444 (b) determine if a teacher is an eligible teacher;
445 (c) verify, as needed, the determinations made under Subsection (4)(b) with school
446 district and school administrators; and
447 (d) certify a list of eligible teachers .
448 (5) (a) An eligible teacher shall apply to the state board before the conclusion of a
449 school year to receive the salary supplement authorized in this section.
450 (b) An eligible teacher may apply to the state board, after verification that the
451 requirements under this section have been satisfied, to receive a salary supplement after the
452 completion of:
453 (i) the school year as an annual award; or
454 (ii) a semester or trimester as a partial award based on the portion of the school year
455 that has been completed.
456 (6) (a) The state board shall establish and administer an appeal process for a teacher to
457 follow if the teacher applies for a salary supplement and does not receive a salary supplement
458 under Subsection (8).
459 (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
460 appeal eligibility as an eligible teacher with a qualifying educational background on the basis
461 that the teacher has a degree or degree major with course requirements that are substantially
462 equivalent to the qualifying educational background associated with the teacher's
463 supplement-approved assignment.
464 (ii) A teacher shall provide transcripts and other documentation to the state board in
465 order for the state board to determine if the teacher has a degree or degree major with course
466 requirements that are substantially equivalent to the qualifying educational background
467 associated with the teacher's supplement-approved assignment.
468 (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
469 appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
470 the teacher has a qualifying teaching background.
471 (ii) The teacher shall provide to the state board evidence to verify that the teacher has a
472 qualifying teaching background.
473 (7) (a) The state board shall distribute money appropriated to the Teacher Salary
474 Supplement Program to school districts and charter schools for the Teacher Salary Supplement
475 Program in accordance with the provisions of this section.
476 (b) The state board shall include the employer-paid benefits described under
477 Subsection (2)(b) in the amount of each salary supplement.
478 (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
479 salary supplement limits described under Subsection (3).
480 (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
481 a school district or charter school to provide a salary supplement equal to the amount specified
482 in Subsection (3) for each eligible teacher.
483 (b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
484 teacher's qualification as an eligible teacher every year, semester, or trimester.
485 (9) Notwithstanding the provisions of this section, if the appropriation for the program
486 is insufficient to cover the costs associated with salary supplements, the state board [
487 distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
488 Section 8. Section 53F-9-103 is enacted to read:
489 53F-9-103. Nonlapsing funds.
490 All appropriations to the state board are nonlapsing, including appropriations to the
491 Minimum School Program and all agencies, line items, and programs under the jurisdiction of
492 the state board.
493 Section 9. Section 63J-1-602.2 is amended to read:
494 63J-1-602.2. List of nonlapsing appropriations to programs.
495 Appropriations made to the following programs are nonlapsing:
496 (1) The Legislature and [
497 (2) The State Board of Education, including all appropriations to agencies, line items,
498 and programs under the jurisdiction of the State Board of Education, in accordance with
499 Section 53F-9-103.
500 [
501 [
502 11-38-301.
503 [
504 under Subsection 17-16-21(2)(d)(ii).
505 [
506 [
507 under the Pelican Management Act, as provided in Section 23-21a-6.
508 [
509 [
510 Subsection 26-18-3(7).
511 [
512 Section 26-46-102.
513 [
514 26-46a-103.
515 [
516 [
517 accordance with Subsection 32B-2-301(7)(a) or (b).
518 [
519 Workforce Services, as provided in Section 35A-3-401.
520 [
521 36-24-101.
522 [
523 [
524 (a) purchase and distribution of license plates and decals; and
525 (b) administration and enforcement of motor vehicle registration requirements.
526 [
527 Section 53-2a-1102.
528 [
529 [
530 in Section 53B-6-104.
531 [
532 Council, as provided in Section 53B-24-202.
533 [
534 (22) The Division of Services for People with Disabilities, as provided in Section
535 62A-5-102.
536 (23) The Division of Fleet Operations for the purpose of upgrading underground
537 storage tanks under Section 63A-9-401.
538 (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
539 (25) Appropriations to the Department of Technology Services for technology
540 innovation as provided under Section 63F-4-202.
541 (26) The Office of Administrative Rules for publishing, as provided in Section
542 63G-3-402.
543 (27) The Utah Science Technology and Research Initiative created in Section
544 63M-2-301.
545 (28) The Governor's Office of Economic Development to fund the Enterprise Zone
546 Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
547 (29) Appropriations to fund the Governor's Office of Economic Development's Rural
548 Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
549 Employment Expansion Program.
550 (30) The Department of Human Resource Management user training program, as
551 provided in Section 67-19-6.
552 (31) A public safety answering point's emergency telecommunications service fund, as
553 provided in Section 69-2-301.
554 (32) The Traffic Noise Abatement Program created in Section 72-6-112.
555 (33) The Judicial Council for compensation for special prosecutors, as provided in
556 Section 77-10a-19.
557 (34) A state rehabilitative employment program, as provided in Section 78A-6-210.
558 (35) The Utah Geological Survey, as provided in Section 79-3-401.
559 (36) The Bonneville Shoreline Trail Program created under Section 79-5-503.
560 (37) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
561 78B-6-144.5.
562 (38) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
563 Defense Commission.
564 (39) The program established by the Division of Facilities Construction and
565 Management under Subsection 63A-5-228(3) under which state agencies receive an
566 appropriation and pay lease payments for the use and occupancy of buildings owned by the
567 Division of Facilities Construction and Management.
568 Section 10. Repealer.
569 This bill repeals:
570 Section 53F-2-414, Review of related to basic school programs.
571 Section 11. Fiscal Year 2020 Appropriations.
572 The following sums of money are appropriated for the fiscal year beginning July 1,
573 2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
574 fiscal year 2020.
575 Section 11(a). Operating and Capital Budgets
576 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
577 Legislature appropriates the following sums of money from the funds or accounts indicated for
578 the use and support of the government of the state of Utah.
579
Public Education
580
State Board of Education - Minimum School Program
581
Item
1 To State Board of Education - Minimum School Program - Related to Basic School582 Programs
583 From Education Fund, One-Time
3,500,200
584 Schedule of Programs:
585 Teacher Salary Supplement 3,820,200
586 Student Health and Counseling Support Program (320,000)
587
State Board of Education
588
Item
2 To State Board of Education - MSP Categorical Program Administration589 From Education Fund, One-Time
320,000
590 Schedule of Programs:
591 Student Health and Counseling Support Program 320,000
592 Section 12. Fiscal Year 2021 Appropriations.
593 (1) The following sums of money are appropriated for the fiscal year beginning July 1,
594 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
595 fiscal year 2021.
596 (2) The value of each weighted pupil unit (WPU) for fiscal year 2021 is increased from
597 the value of the WPU for fiscal year 2021 established in H.B. 1, Public Education Base Budget
598 Amendments, 2020 General Session, and set at $3,745.
599 Section 12(a). Operating and Capital Budgets.
600 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
601 Legislature appropriates the following sums of money from the funds or accounts indicated for
602 the use and support of the government of the state of Utah.
603
Public Education
604
State Board of Education - Minimum School Program
605
Item
3 To State Board of Education - Minimum School Program - Basic School Program606 From Education Fund
170,023,000
607 From Local Revenue
20,600,000
608 Schedule of Programs:
609 Kindergarten 5,816,600
610 Grades 1-12 129,081,400
611 Foreign Exchange 69,900
612 Necessarily Existent Small Schools (386 WPUs) 3,518,200
613 Professional Staff 12,049,900
614 Administrative Costs 322,700
615 Special Education - Add-on 18,413,900
616 Special Education - Self-Contained 2,817,800
617 Special Education - Preschool 2,409,200
618 Special Education - Extended School Year 97,400
619 Special Education - Impact Aid 438,800
620 Special Education - Intensive Services 169,400
621 Special Education - Extended Year for Special Educators 193,600
622 Career and Technical Education - Add-on 6,198,300
623 Class Size Reduction 9,025,900
624
Item
4 To State Board of Education - Minimum School Program - Related to Basic School625 Programs
626 From Education Fund
40,763,400
627 From Education Fund, One-Time
250,000
628 From Uniform School Fund Rest. - Trust Distribution Account
6,166,000
629 Schedule of Programs:
630 Pupil Transportation To and From School 10,977,700
631 Enhancement for At-Risk Students 2,841,100
632 Youth in Custody 26,753,800
633 Adult Education 860,600
634 Enhancement for Accelerated Students 1,332,900
635 Centennial Scholarship Program 16,400
636 Concurrent Enrollment 5,627,000
637 School Land Trust Program 6,166,000
638 Charter School Local Replacement (14,426,100)
639 Charter School Administration 250,000
640 Teacher Salary Supplement 3,300,000
641 Beverley Taylor Sorenson Elem. Arts Learning Program 4,000,000
642 Student Health and Counseling Support Program (520,000)
643 The Legislature intends that the State Board of Education use up to $409,000 in
644 balances in the Charter School Administration program to provide a minimum of $45,000 to
645 each charter school that enrolls fewer than 450 students in fiscal year 2021.
646
State Board of Education - School Building Programs
647
Item
5 To State Board of Education - School Building Programs - Capital Outlay Programs648 Under Item 48 in H.B. 1, Public Education Base Budget Amendments, 2020 General Session,
649 the Legislature intends that the State Board of Education:
650 (1) study the distribution formulas for the Capital Outlay Foundation Program created
651 in Section 53F-3-202 and Capital Outlay Enrollment Growth Program created in Section
652 53F-3-203, including:
653 (a) addressing the impact on the Capital Outlay Foundation Program formula
654 distribution associated with the equal weighting of local property tax revenues from school
655 district Capital and Debt Service levies, including whether adjusting the balance would provide
656 for a broader distribution among school districts;
657 (b) addressing how to adjust distribution formulas to improve equity and distribution to
658 a wider array of school districts;
659 (c) addressing whether using a WPU-based formula like the Voted and Board Local
660 Levy Guarantee could improve distributional equity among districts; and
661 (d) making recommendations on potential statutory changes; and
662 (2) report to the Public Education Appropriations Subcommittee on the study described
663 in Subsection (1) on or before September 30, 2020.
664
State Board of Education
665
Item
6 To State Board of Education - Educator Licensing666 From Education Fund
(3,629,300)
667 Schedule of Programs:
668 Educator Licensing 170,700
669 STEM Endorsement Incentives (3,800,000)
670
Item
7 To State Board of Education - Fine Arts Outreach671 From Education Fund
250,000
672 Schedule of Programs:
673 Provisional Program 250,000
674
Item
8 To State Board of Education - Initiative Programs675 From Education Fund
19,007,500
676 From Education Fund, One-Time
2,688,500
677 Schedule of Programs:
678 Computer Science Initiatives 7,000,000
679 Contracts and Grants 2,401,500
680 General Financial Literacy 500,000
681 Intergenerational Poverty Interventions 1,001,100
682 Kindergarten Supplement Enrichment Program 3,000,000
683 Partnerships for Student Success 3,006,400
684 Strengthening Career and College Readiness (213,000)
685 UPSTART 5,000,000
686
Item
9 To State Board of Education - MSP Categorical Program Administration687 From Education Fund
520,000
688 Schedule of Programs:
689 Student Health and Counseling Support Program 520,000
690
Item
10 To State Board of Education - Science Outreach691 From Education Fund
200,000
692 Schedule of Programs:
693 Informal Science Education Enhancement 200,000
694
Item
11 To State Board of Education - State Administrative Office695 From Education Fund
1,601,200
696 From Education Fund, One-Time
3,200,000
697 Schedule of Programs:
698 Financial Operations 650,700
699 Indirect Cost Pool 450,000
700 Statewide Online Education Program 3,250,500
701 Student Support Services 450,000
702 The Legislature intends that the State Board of Education:
703 (1) evaluate the participation of home school and private school students in the
704 Statewide Online Education Program, including:
705 (a) ongoing funding levels;
706 (b) the mix between home and private school students;
707 (c) how to best manage future growth needs within appropriated funding; and
708 (d) the potential of using mechanisms to control costs, including implementing a fee
709 structure or requiring private and home school students to enroll in a local education agency;
710 and
711 (2) report recommendations to the Public Education Appropriations Subcommittee on
712 the evaluation described in Subsection (1) before August 30, 2020.
713
Item
12 To State Board of Education - General System Support714 From Education Fund
(400,000)
715 Schedule of Programs:
716 Student Achievement 50,000
717 Teaching and Learning (450,000)
718 The Legislature intends that the State Board of Education use any revenue or
719 nonlapsing balances generated from the licensing of Readiness Improvement Success
720 Empowerment (RISE) questions:
721 (1) to develop additional assessment questions for all state assessments;
722 (2) to provide professional learning for Utah educators; and
723 (3) for risk mitigation expenditures.
724
Item
13 To State Board of Education - Utah Schools for the Deaf and the Blind725 From Education Fund
946,000
726 From Education Fund, One-Time
945,000
727 Schedule of Programs:
728 Administration 1,391,000
729 Utah State Instructional Materials Access Center 500,000
730
School and Institutional Trust Fund Office
731
Item
14 To School and Institutional Trust Fund Office732 From School and Institutional Trust Fund Management Account
182,200
733 Schedule of Programs:
734 School and Institutional Trust Fund Office 182,200
735 Section 12(b). Restricted Fund and Account Transfers.
736 The Legislature authorizes the State Division of Finance to transfer the following
737 amounts between the following funds or accounts as indicated. Expenditures and outlays from
738 the funds to which the money is transferred must be authorized by an appropriation.
739
Public Education
740
Item
15 To Underage Drinking Prevention Program Restricted Account741 From Liquor Control Fund
1,750,000
742 Schedule of Programs:
743 Underage Drinking Prevention Program
744 Restricted Account 1,750,000
745
Item
16 To Teacher and Student Success Account746 From Education Fund
20,600,000
747 Schedule of Programs:
748 Teacher and Student Success Account 20,600,000
749 Section 13. Effective date.
750 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2020.
751 (2) If approved by two-thirds of all the members elected to each house, Section 11,
752 Fiscal Year 2020 Appropriations, and Section 11(a), Operating and Capital Budgets, take effect
753 upon approval by the governor, or the day following the constitutional time limit of Utah
754 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
755 the date of veto override.