Senator Karen Mayne proposes the following substitute bill:


1     
ACCELERATED STUDENT PROGRAM AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Eric K. Hutchings

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to early college programs and a program for
10     accelerated students.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the State Board of Education to make rules;
15          ▸     removes early college programs from the Enhancement for Accelerated Students
16     Program;
17          ▸     creates a funding formula for early college programs;
18          ▸     provides for funding distribution formulas for the Enhancement for Accelerated
19     Students Program and early college programs to prioritize increasing access to the
20     programs for groups of students who are underrepresented in the programs;
21          ▸     provides that an LEA that receives funding for concurrent enrollment may prioritize
22     using the funding to increase access to concurrent enrollment for groups of students
23     who are underrepresented in concurrent enrollment; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53F-2-206, as last amended by Laws of Utah 2019, Chapter 186
32          53F-2-408, as last amended by Laws of Utah 2019, Chapter 186
33          53F-2-409, as last amended by Laws of Utah 2019, Chapters 136 and 186
34     ENACTS:
35          53F-2-408.5, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53F-2-206 is amended to read:
39          53F-2-206. Flexibility in the use of certain related to basic program funds.
40          (1) As used in this section, "qualifying program" means:
41          (a) the Enhancement for At-Risk Students Program created in Section 53F-2-410;
42          (b) the Enhancement for Accelerated Students Program created in Section 53F-2-408;
43     [and]
44          (c) the early college programs described in Section 53F-2-408.5; and
45          [(c)] (d) the concurrent enrollment program established in Section 53E-10-302.
46          (2) If a school district or charter school receives an allocation of state funds for a
47     qualifying program that is less than $10,000, the LEA governing board of the receiving school
48     district or charter school may:
49          (a) (i) combine the funds with one or more qualifying program fund allocations each of
50     which is less than $10,000; and
51          (ii) use the combined funds in accordance with the program requirements for any of the
52     qualifying programs that are combined; or
53          (b) (i) transfer the funds to a qualifying program for which the school district or charter
54     school received an allocation of funds that is greater than or equal to $10,000; and
55          (ii) use the combined funds in accordance with the program requirements for the
56     qualifying program to which the funds are transferred.
57          Section 2. Section 53F-2-408 is amended to read:
58          53F-2-408. Enhancement for Accelerated Students Program.
59          (1) As used in this section, ["eligible low-income student" means a student who: (a)
60     takes an Advanced Placement test; (b) has applied for an Advanced Placement test fee
61     reduction; and (c) qualifies for a free lunch or a lunch provided at reduced cost.] "local
62     education agency" or "LEA" means:
63          (a) a school district; or
64          (b) a charter school.
65          [(2) The state board shall distribute money appropriated for the Enhancement for
66     Accelerated Students Program to school districts and charter schools according to a formula
67     adopted by the state board, after consultation with LEA governing boards.]
68          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
69     the state board shall make rules to establish a formula to distribute money appropriated for the
70     Enhancement for Accelerated Students Program.
71          (b) The state board shall consult with LEAs before making the rules described in
72     Subsection (2)(a).
73          (3) A distribution formula adopted under Subsection (2) [may] shall:
74          (a) include an allocation of money for[:] gifted and talented programs; and
75          [(a) Advanced Placement courses;]
76          [(b) Advanced Placement test fees of eligible low-income students;]
77          [(c) gifted and talented programs, including professional development for teachers of
78     high ability students; and]
79          [(d) International Baccalaureate programs.]
80          (b) prioritize funding to increase access to gifted and talented programs for groups of
81     students who are underrepresented in gifted and talented programs.
82          [(4) The greater of 1.5% or $100,000 of the appropriation for the Enhancement for
83     Accelerated Students Program may be allowed for International Baccalaureate programs.]
84          [(5)] (4) A school district or charter school shall use money distributed under this
85     section to enhance the academic growth of students whose academic achievement is
86     accelerated.
87          [(6)] (5) The state board shall develop performance criteria to measure the
88     effectiveness of the Enhancement for Accelerated Students Program.
89          [(7)] (6) If a school district or charter school receives an allocation of less than $10,000
90     under this section, the school district or charter school may use the allocation as described in
91     Section 53F-2-206.
92          Section 3. Section 53F-2-408.5 is enacted to read:
93          53F-2-408.5. Early college programs.
94          (1) As used in this section:
95          (a) "Advanced placement course" means a rigorous course developed by the College
96     Board that:
97          (i) is developed by a committee composed of college faculty and advanced placement
98     teachers and covers the breadth of information, skills, and assignments found in the
99     corresponding college course; and
100          (ii) for which a student who performs well on an exam for the course may be:
101          (A) granted college credit; or
102          (B) given advanced standing at a college or university.
103          (b) "Eligible low income student" means a student who:
104          (i) takes an advanced placement course test;
105          (ii) has applied for an advanced placement course test fee reduction; and
106          (iii) qualifies for a free lunch or a lunch provided at a reduced cost.
107          (c) "International Baccalaureate program" means a program established by the
108     International Baccalaureate Organization.
109          (d) "Local education agency" or "LEA" means:
110          (i) a school district; or
111          (ii) a charter school.
112          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
113     the state board shall make rules to establish a formula to distribute money appropriated for the
114     early college programs described in Subsection (2)(b).
115          (b) Subject to Subsection (2)(c), the formula described in Subsection (2)(a) shall:
116          (i) include an allocation of money for the following early college programs:
117          (A) advanced placement courses;
118          (B) advanced placement course test fees for eligible low income students; and
119          (C) International Baccalaureate programs; and
120          (ii) prioritize funding to increase access to early college programs for groups of
121     students who are underrepresented in early college programs.
122          (c) The state board may not allocate more that $100,000 of an appropriation under this
123     section for International Baccalaureate programs.
124          (d) The state board shall consult with LEAs before making the rules described in
125     Subsection (2)(a).
126          (3) An LEA shall use money distributed under this section for the purposes described
127     in Subsection (2)(b).
128          (4) The state board shall develop performance criteria to measure the effectiveness of
129     the early college programs described in this section.
130          (5) If an LEA receives an allocation of less than $10,000 for the early college programs
131     described in this section, the LEA may use the allocation as described in Section 53F-2-206.
132          Section 4. Section 53F-2-409 is amended to read:
133          53F-2-409. Concurrent enrollment funding.
134          (1) The terms defined in Section 53E-10-301 apply to this section.
135          (2) The state board shall allocate money appropriated for concurrent enrollment in
136     accordance with this section.
137          (3) (a) The state board shall allocate money appropriated for concurrent enrollment in
138     proportion to the number of credit hours earned for courses taken [where] for which:
139          (i) an LEA primarily bears the cost of instruction; and
140          (ii) an institution of higher education primarily bears the cost of instruction.
141          (b) From the money allocated under Subsection (3)(a)(i), the state board shall
142     distribute:
143          (i) 60% of the money to LEAs; and
144          (ii) 40% of the money to the State Board of Regents.
145          (c) From the money allocated under Subsection (3)(a)(ii), the state board shall
146     distribute:
147          (i) 40% of the money to LEAs; and
148          (ii) 60% of the money to the State Board of Regents.
149          (d) The state board shall make rules providing for the distribution of the money to
150     LEAs under Subsections (3)(b)(i) and (3)(c)(i).
151          (e) The State Board of Regents shall make rules providing for the distribution of the
152     money allocated to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
153          (4) Subject to budget constraints, the Legislature shall annually increase the money
154     appropriated for concurrent enrollment in proportion to the percentage increase over the
155     previous school year in:
156          (a) kindergarten through grade 12 student enrollment; and
157          (b) the value of the weighted pupil unit.
158          (5) (a) An LEA that receives money under this section may prioritize using the money
159     to increase access to concurrent enrollment for groups of students who are underrepresented in
160     concurrent enrollment.
161          (b) If an LEA receives an allocation of less than $10,000 under this section, the LEA
162     may use the allocation as described in Section 53F-2-206.