Representative Steve Eliason proposes the following substitute bill:


1     
PUBLIC EDUCATION BUDGET AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: Steve Eliason

6     

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          [(b) the reviews of related to basic school programs as described in Section 53F-2-414;
81     and]
82          [(c)] (b) if required, the study described in Section 53F-4-304 of scholarship payments.
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)[.]; and
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; [or]
161          (d) to fund the cost of the salary supplements described in Section 53F-2-504; or
162          [(d)] (e) to support a school district with a loss in student enrollment as provided in
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     [2019] 2020, is [$490,684,600] $547,952,600 in revenue statewide.
235          (b) The preliminary estimate for the minimum basic tax rate for the fiscal year that
236     begins on July 1, [2019] 2020, is [.001588] .001576.
237          (4) (a) The WPU value amount for the fiscal year that begins on July 1, [2019] 2020, is
238     [$18,800,000] $20,600,000 in revenue statewide.
239          (b) The preliminary estimate for the WPU value rate for the fiscal year that begins on
240     July 1, [2019] 2020, is [.000061] .000060.
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 [prior to] before July 1, 2000, may continue to receive [such]
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          [(8)] (9) Subject to legislative appropriation, the state board shall give first priority
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          [(9)] (10) (a) Subject to Subsection [(9)] (10)(b) and after a distribution made under
338     Subsection [(8)] (9), the state board may distribute a portion of necessarily existent small
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 [(9)] (10)(a) may not exceed
342     the necessarily existent small schools fund in balance of the prior fiscal year.
343          [(10)] (11) A local school board may use the money allocated under this section for
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     
Administrative Costs Schedule
352      School District Enrollment as of October 1Weighted Pupil Units
353      1 - 500 students95
354      501 - 1,000 students80
355      1,001 - 2,000 students70
356      2,001 - 5,000 students60
357          (2) (a) Except as provided in Subsection (2)(b), money appropriated to the state board
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 [2020] 2021, the state board shall distribute [$40,000] a minimum
368     of $45,000 to each charter school that enrolls fewer than [400] 450 students.
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 [shall] may
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 [its] the Legislature's committees.
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          [(2)] (3) The Percent-for-Art Program created in Section 9-6-404.
501          [(3)] (4) The LeRay McAllister Critical Land Conservation Program created in Section
502     11-38-301.
503          [(4)] (5) Dedicated credits accrued to the Utah Marriage Commission as provided
504     under Subsection 17-16-21(2)(d)(ii).
505          [(5)] (6) The Trip Reduction Program created in Section 19-2a-104.
506          [(6)] (7) The Division of Wildlife Resources for the appraisal and purchase of lands
507     under the Pelican Management Act, as provided in Section 23-21a-6.
508          [(7)] (8) The primary care grant program created in Section 26-10b-102.
509          [(8)] (9) Sanctions collected as dedicated credits from Medicaid provider under
510     Subsection 26-18-3(7).
511          [(9)] (10) The Utah Health Care Workforce Financial Assistance Program created in
512     Section 26-46-102.
513          [(10)] (11) The Rural Physician Loan Repayment Program created in Section
514     26-46a-103.
515          [(11)] (12) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
516          [(12)] (13) Funds that the Department of Alcoholic Beverage Control retains in
517     accordance with Subsection 32B-2-301(7)(a) or (b).
518          [(13)] (14) The General Assistance program administered by the Department of
519     Workforce Services, as provided in Section 35A-3-401.
520          [(14)] (15) A new program or agency that is designated as nonlapsing under Section

521     36-24-101.
522          [(15)] (16) The Utah National Guard, created in Title 39, Militia and Armories.
523          [(16)] (17) The State Tax Commission under Section 41-1a-1201 for the:
524          (a) purchase and distribution of license plates and decals; and
525          (b) administration and enforcement of motor vehicle registration requirements.
526          [(17)] (18) The Search and Rescue Financial Assistance Program, as provided in
527     Section 53-2a-1102.
528          [(18)] (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
529          [(19)] (20) The State Board of Regents for teacher preparation programs, as provided
530     in Section 53B-6-104.
531          [(20)] (21) The Medical Education Program administered by the Medical Education
532     Council, as provided in Section 53B-24-202.
533          [(21) The State Board of Education, as provided in Section 53F-2-205.]
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 School
582     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 Administration
589          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 Program
606          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 School

625     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 Programs
648     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 Licensing
666          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 Outreach

671          From Education Fund
250,000

672          Schedule of Programs:
673               Provisional Program                              250,000
674     
Item
8 To State Board of Education - Initiative Programs

675          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 Administration

687          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 Outreach

691          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 Office
695          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 Support
714          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 Blind
725          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 Office

732          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 Account
741          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 Account

746          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.