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8 LONG TITLE
9 General Description:
10 This bill amends provisions related to funding for public schools and educators and
11 provisions related to enrollment in district and charter schools.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ permits the State Board of Education (state board) to use a different date or dates for
16 counting average daily membership when calculating the growth factor for the
17 2020-2021 school year;
18 ▸ amends the distribution of small district base funding for necessarily existent small
19 schools;
20 ▸ creates a salary supplement for teachers who hold a certification from the National
21 Board for Professional Teaching Standards;
22 ▸ appropriates money to the state board to allocate to local education agencies to pay
23 for software licenses for English language learner student instruction;
24 ▸ allows a charter school to give enrollment preference for the 2021-2022 school year
25 to a student who withdrew from the charter school to attend an online school or
26 home school in the 2020-2021 school year due to the COVID-19 emergency; and
27 ▸ allows the state board to use federal Elementary and Secondary School Emergency
28 funds and nonlapsing Minimum School Program funds for charter school local
29 replacement funding in the 2020-2021 school year.
30 Money Appropriated in this Bill:
31 This bill appropriates:
32 ▸ to the State Board of Education - Minimum School Program - Related to Basic
33 School Programs:
34 • from the Education Fund, $246,300; and
35 ▸ to the State Board of Education - Minimum School Program - Related to Basic
36 School Programs:
37 • from the Education Fund, One-time, $3,000,000.
38 Other Special Clauses:
39 This bill provides a special effective date.
40 Utah Code Sections Affected:
41 AMENDS:
42 53F-2-302, as last amended by Laws of Utah 2019, Chapter 186
43 53F-2-304, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 14
44 53F-2-312, as last amended by Laws of Utah 2019, Chapter 186
45 53G-6-502, as last amended by Laws of Utah 2019, Chapters 151 and 293
46 53G-6-504, as last amended by Laws of Utah 2020, Chapter 408
47 ENACTS:
48 53F-2-523, Utah Code Annotated 1953
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 53F-2-302 is amended to read:
52 53F-2-302. Determination of weighted pupil units.
53 The number of weighted pupil units in the Minimum School Program for each year is
54 the total of the units for each school district and, subject to Subsection (4), charter school,
55 determined as follows:
56 (1) The number of units is computed by adding the average daily membership of all
57 pupils of the school district or charter school attending schools, other than kindergarten and
58 self-contained classes for children with a disability.
59 (2) The number of units is computed by adding the average daily membership of all
60 pupils of the school district or charter school enrolled in kindergarten and multiplying the total
61 by .55.
62 (a) In those school districts or charter schools that do not hold kindergarten for a full
63 nine-month term, the local school board or charter school governing board may approve a
64 shorter term of nine weeks' duration.
65 (b) Upon LEA governing board approval, the number of pupils in average daily
66 membership at the short-term kindergarten shall be counted for the purpose of determining the
67 number of units allowed in the same ratio as the number of days the short-term kindergarten is
68 held, not exceeding nine weeks, compared to the total number of days schools are held in that
69 school district or charter school in the regular school year.
70 (3) (a) The state board shall use prior year plus growth to determine average daily
71 membership in distributing money under the Minimum School Program where the distribution
72 is based on kindergarten through grade 12 ADMs or weighted pupil units.
73 (b) Under prior year plus growth, kindergarten through grade 12 average daily
74 membership for the current year is based on the actual kindergarten through grade 12 average
75 daily membership for the previous year plus an estimated percentage growth factor.
76 (c) The growth factor is the percentage increase in total average daily membership on
77 the first school day of October in the current year as compared to the total average daily
78 membership on the first school day of October of the previous year.
79 (4) In distributing funds to charter schools under this section, charter school pupils
80 shall be weighted, where applicable, as follows:
81 (a) .55 for kindergarten pupils;
82 (b) .9 for pupils in grades 1 through 6;
83 (c) .99 for pupils in grades 7 through 8; and
84 (d) 1.2 for pupils in grades 9 through 12.
85 (5) Notwithstanding Subsection (3)(c):
86 (a) for the 2020-2021 school year the state board may use a count of average daily
87 membership on any day or days of the current school year in 2020 to calculate a growth factor
88 for the 2020-2021 school year; and
89 (b) when calculating the growth factor as described in Subsection (5)(a), the state board
90 shall comply with all applicable federal requirements.
91 Section 2. Section 53F-2-304 is amended to read:
92 53F-2-304. Necessarily existent small schools -- Computing additional weighted
93 pupil units -- Consolidation of small schools.
94 (1) As used in this section, "necessarily existent small schools funding balance" means
95 the difference between:
96 (a) the amount appropriated for the necessarily existent small schools program in a
97 fiscal year; and
98 (b) the amount distributed to school districts for the necessarily existent small schools
99 program in the same fiscal year.
100 (2) (a) Upon application by a local school board, the state board shall, in consultation
101 with the local school board, classify schools in the school district as necessarily existent small
102 schools, in accordance with this section and state board rules adopted under Subsection (3).
103 (b) An application must be submitted to the state board before April 2, and the state
104 board must report a decision to a local school board before June 2.
105 (3) The state board shall adopt standards and make rules, in accordance with Title 63G,
106 Chapter 3, Utah Administrative Rulemaking Act, to:
107 (a) govern the approval of necessarily existent small schools consistent with principles
108 of efficiency and economy that serve the purpose of eliminating schools where consolidation is
109 feasible by participation in special school units; and
110 (b) ensure that school districts are not building secondary schools in close proximity to
111 one another where economy and efficiency would be better served by one school meeting the
112 needs of secondary students in a designated geographical area.
113 (4) The state board shall prepare and publish objective standards and guidelines for
114 determining which small schools are necessarily existent after consultation with local school
115 boards.
116 (5) (a) Additional weighted pupil units for schools classified as necessarily existent
117 small schools shall be computed using distribution formulas adopted by the state board.
118 (b) The distribution formulas establish the following maximum sizes for funding under
119 the necessarily existent small school program:
120 (i) an elementary school 160
121 (ii) a one or two-year secondary school 300
122 (iii) a three-year secondary school 450
123 (iv) a four-year secondary school 500
124 (v) a six-year secondary school 600
125 (c) An elementary school with fewer than 10 students shall receive the same add-on
126 weighted pupil units as an elementary school with 10 students.
127 (d) A secondary school with fewer than 15 students shall receive the same add-on
128 weighted pupil units as a secondary school with 15 students.
129 (e) If a necessarily existent small school generates ADM in both elementary and
130 secondary grades, the state board may divide the school's ADM between an elementary and
131 secondary distribution formula.
132 (f) The state board shall prepare and distribute an allocation table based on the
133 distribution formula to each school district.
134 (6) (a) To avoid penalizing a school district financially for consolidating the school
135 district's small schools, additional weighted pupil units may be allowed a school district each
136 year, not to exceed two years.
137 (b) The additional weighted pupil units may not exceed the difference between what
138 the school district receives for a consolidated school and what the school district would have
139 received for the small schools had the small schools not been consolidated.
140 (7) (a) The state board may allocate up to 208 weighted pupil units to support schools
141 that:
142 (i) have isolating conditions, as defined by the state board, including geographic
143 isolation; and
144 (ii) do not qualify for necessarily existent small schools funding due to formula
145 limitations.
146 (b) The state board shall review funding allocations under this Subsection (7) at least
147 once every five calendar years.
148 (8) If the state board classifies a school as a necessarily existent small school in
149 accordance with this section, the state board shall, subject to legislative appropriation,
150 distribute small district base funding to the relevant school district in the following amounts:
151 (a) for a district with [
152 [
153 [
154 and
155 [
156 (9) Subject to legislative appropriation, the state board shall give first priority from an
157 appropriation made under this section to funding an expense approved by the state board as
158 described in Subsection 53G-6-305(3)(a).
159 (10) (a) Subject to Subsection (10)(b) and after a distribution made under Subsection
160 (9), the state board may distribute a portion of necessarily existent small schools funding:
161 (i) in accordance with a formula adopted by the state board that considers the tax effort
162 of a local school board; or
163 (ii) to isolated small schools, as identified by the state board.
164 (b) The amount distributed in accordance with Subsection (10)(a) may not exceed the
165 necessarily existent small schools fund in balance of the prior fiscal year.
166 (11) A local school board may use the money allocated under this section for
167 maintenance and operation of school programs or for other school purposes as approved by the
168 state board.
169 Section 3. Section 53F-2-312 is amended to read:
170 53F-2-312. Appropriation for class size reduction.
171 (1) Money appropriated to the state board for class size reduction shall be used to
172 reduce the average class size in kindergarten through grade 8 in the state's public schools.
173 (2) A school district or charter school shall receive an allocation for class size
174 reduction based on the school district or charter school's prior year average daily membership
175 plus growth in kindergarten through grade 8 as determined under [
176 53F-2-302[
177 kindergarten through grade 8 statewide.
178 (3) (a) An LEA governing board may use an allocation to reduce class size in any one
179 or all of the grades referred to under this section, except as otherwise provided in Subsection
180 (3)(b).
181 (b) (i) An LEA governing board shall use 50% of an allocation to reduce class size in
182 any one or all of grades kindergarten through grade 2, with an emphasis on improving student
183 reading skills.
184 (ii) If a school district's or charter school's average class size is below 18 students in
185 kindergarten through grade 2, an LEA governing board may petition the state board for, and the
186 state board may grant, a waiver of the requirement described in Subsection (3)(b)(i).
187 (4) A school may use nontraditional innovative and creative methods to reduce class
188 sizes with this appropriation and may use part of an allocation to focus on class size reduction
189 for specific groups, such as at risk students, or for specific blocks of time during the school
190 day.
191 (5) (a) An LEA governing board may use up to 20% of an allocation under this section
192 for capital facilities projects if such projects would help to reduce class size.
193 (b) If a school district's or charter school's student population increases by at least 5%
194 or at least 700 students from the previous school year, the LEA governing board may use up to
195 50% of an allocation received by the school district or charter school under this section for
196 classroom construction.
197 (6) This appropriation is to supplement any other appropriation made for class size
198 reduction.
199 (7) The Legislature shall provide for an annual adjustment in the appropriation
200 authorized under this section in proportion to the increase in the number of students in the state
201 in kindergarten through grade 8.
202 Section 4. Section 53F-2-523 is enacted to read:
203 53F-2-523. Salary supplement for National Board-certified teachers.
204 (1) As used in this section:
205 (a) "National Board certification" means the same as that term is defined in Section
206 53E-6-102.
207 (b) "National Board-certified teacher" or "board-certified teacher" means a teacher
208 who:
209 (i) holds a National Board certification; and
210 (ii) has an assignment to teach in an LEA.
211 (c) "Salary supplement" means a salary supplement for a board-certified or Title I
212 school board-certified teacher described in this section.
213 (d) "Title I school" means a school that receives funds under Title I of the Elementary
214 and Secondary Education Act of 1965, 20 U.S.C. Sec. 6301 et seq.
215 (e) "Title I school board-certified teacher" means a board-certified teacher who is
216 assigned to teach at a Title I school.
217 (2) (a) Subject to future budget constraints, the Legislature shall:
218 (i) annually appropriate money to maintain annual salary supplements provided in
219 previous years; and
220 (ii) provide salary supplements to new recipients.
221 (b) Money appropriated for salary supplements shall include money for the following
222 employer-paid benefits:
223 (i) retirement;
224 (ii) workers' compensation;
225 (iii) Social Security; and
226 (iv) Medicare.
227 (3) (a) The annual salary supplement for a board-certified teacher is $1,000.
228 (b) The annual salary supplement for a Title I school board-certified teacher is $2,000.
229 (c) A board-certified teacher who qualifies for a salary supplement under Subsections
230 (3)(a) and (b) may only receive the salary supplement that is greater in value.
231 (d) The employer paid benefits described in Subsection (2)(b) are in addition to an
232 amount described in this Subsection (3).
233 (4) The state board shall:
234 (a) create an online application system for a teacher to apply to receive a salary
235 supplement;
236 (b) establish a deadline by which a teacher is required to apply in order to receive a
237 salary supplement;
238 (c) determine whether a teacher who applies for a salary supplement is a
239 board-certified teacher or a Title I school board-certified teacher;
240 (d) verify, as needed, a determination made under Subsection (4)(c) with LEA or
241 school administrators; and
242 (e) certify a list of board-certified teachers and Title I school board-certified teachers.
243 (5) To receive a salary supplement, a board-certified teacher or a Title I school
244 board-certified teacher shall apply to the state board before the deadline described in
245 Subsection (4)(b).
246 (6) The state board shall establish and administer an appeal process for a teacher who
247 applies for but does not receive a salary supplement that allows the teacher to appeal eligibility
248 by providing evidence to the state board:
249 (a) of the teacher's National Board certification; or
250 (b) (i) of the teacher's National Board certification; and
251 (ii) that the teacher is assigned to teach in a Title I school.
252 (7) The state board shall:
253 (a) distribute money appropriated for salary supplements to LEAs in accordance with
254 the provisions of this section; and
255 (b) include the cost of employer-paid benefits described in Subsection (2)(b) in the
256 amount distributed to an LEA for each salary supplement.
257 (8) (a) An LEA shall use money received under this section to provide a salary
258 supplement to each board-certified teacher and Title I school board-certified teacher in an
259 amount equal to the amount described in Subsection (3).
260 (b) A salary supplement is part of a teacher's base pay, subject to the teacher's
261 qualification as a board-certified teacher or Title I school board-certified teacher every year,
262 semester, or trimester.
263 (9) Notwithstanding the provisions of this section, if an annual appropriation for salary
264 supplements is not sufficient to cover the costs associated with salary supplements, the state
265 board shall distribute the funds on a pro rata basis.
266 Section 5. Section 53G-6-502 is amended to read:
267 53G-6-502. Eligible students.
268 (1) As used in this section:
269 (a) "At capacity" means operating above the school's open enrollment threshold.
270 (b) "COVID-19 emergency" means the spread of COVID-19 that the World Health
271 Organization declared a pandemic on March 11, 2020.
272 [
273 53G-6-401.
274 [
275 from the federal Office of Refugee Resettlement.
276 [
277 53G-6-401.
278 (2) All resident students of the state qualify for admission to a charter school, subject
279 to the limitations set forth in this section and Section 53G-6-503.
280 (3) (a) A charter school shall enroll an eligible student who submits a timely
281 application, unless the number of applications exceeds the capacity of a program, class, grade
282 level, or the charter school.
283 (b) If the number of applications exceeds the capacity of a program, class, grade level,
284 or the charter school, the charter school shall select students on a random basis, except as
285 provided in Subsections (4) through (8).
286 (4) A charter school may give an enrollment preference to:
287 (a) a child or grandchild of an individual who has actively participated in the
288 development of the charter school;
289 (b) a child or grandchild of a member of the charter school governing board;
290 (c) a sibling of an individual who was previously or is presently enrolled in the charter
291 school;
292 (d) a child of an employee of the charter school;
293 (e) a student articulating between charter schools offering similar programs that are
294 governed by the same charter school governing board;
295 (f) a student articulating from one charter school to another pursuant to an articulation
296 agreement between the charter schools that is approved by the State Charter School Board;
297 (g) a student who resides within up to a two-mile radius of the charter school and
298 whose school of residence is at capacity; [
299 (h) a child of a military servicemember as defined in Section 53B-8-102[
300 (i) for the 2021-2022 school year, a student who withdraws from the charter school to
301 attend an online school or home school for the 2020-2021 school year due to the COVID-19
302 emergency.
303 (5) (a) Except as provided in Subsection (5)(b), and notwithstanding Subsection (4)(g),
304 a charter school that is approved by the state board after May 13, 2014, and is located in a high
305 growth area as defined in Section 53G-6-504 shall give an enrollment preference to a student
306 who resides within a two-mile radius of the charter school.
307 (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
308 apply to a charter school that was approved without a high priority status pursuant to
309 Subsection 53G-6-504(7)(b).
310 (6) If a district school converts to charter status, the charter school shall give an
311 enrollment preference to students who would have otherwise attended it as a district school.
312 (7) (a) A charter school whose mission is to enhance learning opportunities for
313 refugees or children of refugee families may give an enrollment preference to refugees or
314 children of refugee families.
315 (b) A charter school whose mission is to enhance learning opportunities for English
316 language learners may give an enrollment preference to English language learners.
317 (8) A charter school may weight the charter school's lottery to give a slightly better
318 chance of admission to educationally disadvantaged students, including:
319 (a) low-income students;
320 (b) students with disabilities;
321 (c) English language learners;
322 (d) migrant students;
323 (e) neglected or delinquent students; and
324 (f) homeless students.
325 (9) A charter school may not discriminate in the charter school's admission policies or
326 practices on the same basis as other public schools may not discriminate in admission policies
327 and practices.
328 Section 6. Section 53G-6-504 is amended to read:
329 53G-6-504. Approval of increase in charter school enrollment capacity --
330 Expansion.
331 (1) For the purposes of this section:
332 (a) "High growth area" means an area of the state where school enrollment is
333 significantly increasing or projected to significantly increase.
334 (b) "Next school year" means the school year that begins on or after the July 1
335 immediately following the end of a general session of the Legislature.
336 (2) The state board may approve an increase in charter school enrollment capacity
337 subject to the Legislature:
338 (a) appropriating funds for an increase in charter school enrollment capacity in the next
339 school year; or
340 (b) authorizing an increase in charter school enrollment capacity in the school year
341 immediately following the next school year.
342 (3) In appropriating funds for, or authorizing, an increase in charter school enrollment
343 capacity, the Legislature shall provide a separate appropriation or authorization of enrollment
344 capacity for a charter school proposed and approved in response to a request for applications
345 issued under Section 53G-5-301.
346 (4) (a) A charter school may annually submit a request to the state board for an increase
347 in enrollment capacity in the amount of .25 times the number of students in grades 9 through
348 12 enrolled in an online course in the previous school year through the Statewide Online
349 Education Program.
350 (b) A charter school shall submit a request for an increase in enrollment capacity
351 pursuant to Subsection (4)(a) on or before October 1 of the school year for which the increase
352 in enrollment capacity is requested.
353 (c) The state board shall approve a request for an increase in enrollment capacity made
354 under Subsection (4)(a) subject to the availability of sufficient funds appropriated under Title
355 53F, Chapter 2, Part 7, Charter School Funding, to provide the full amount of the per student
356 allocation for each charter school student in the state to supplement school district property tax
357 revenues.
358 (d) An increase in enrollment capacity approved under Subsection (4)(c) shall be a
359 permanent increase in the charter school's enrollment capacity.
360 (e) For the 2021-2022 school year, the previous school year described in Subsection
361 (4)(a) is the 2019-2020 school year.
362 (5) (a) On or before January 1, 2017, the state board shall, in accordance with Title
363 63G, Chapter 3, Utah Administrative Rulemaking Act, and after considering suggestions from
364 charter school authorizers, make rules establishing requirements, procedures, and deadlines for
365 an expansion of a charter school.
366 (b) The rules described in Subsection (5)(a) shall include rules related to:
367 (i) an expansion of a charter school when another charter school issues a notice of
368 closure; and
369 (ii) the establishment of a satellite campus.
370 (6) (a) If the Legislature does not appropriate funds for an increase in charter school
371 enrollment capacity that is tentatively approved by the state board, the state board shall
372 prioritize the tentatively approved schools and expansions based on approved funds.
373 (b) A charter school or expansion that is tentatively approved, but not funded, shall be
374 considered to be tentatively approved for the next application year and receive priority status
375 for available funding.
376 (7) (a) Except as provided in Subsection (6)(b) or (7)(b), in approving an increase in
377 charter school enrollment capacity for new charter schools and expanding charter schools, the
378 state board shall give:
379 (i) high priority to approving a new charter school or a charter school expansion in a
380 high growth area; and
381 (ii) low priority to approving a new charter school or a charter school expansion in an
382 area where student enrollment is stable or declining.
383 (b) An applicant seeking to establish a charter school in a high growth area may elect
384 to not receive high priority status as provided in Subsection (7)(a)(i).
385 (8) For fiscal year 2021, in addition to an appropriation described in Subsection
386 53F-2-704(2)(a), for the guarantee described in Section 53F-2-704, the state board may use up
387 to $8,000,000 from the following sources in priority order:
388 (a) funds from the federal Elementary and Secondary School Emergency Relief Fund
389 described in the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136; and
390 (b) notwithstanding anything to the contrary in Subsection 53F-2-205(3)(b), nonlapsing
391 Minimum School Program funds.
392 Section 7. Appropriation.
393 The following sums of money are appropriated for the fiscal year beginning July 1,
394 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
395 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
396 Act, the Legislature appropriates the following sums of money from the funds or accounts
397 indicated for the use and support of the government of the state of Utah.
398 ITEM 1
399 To State Board of Education - Minimum School Program - Related to Basic School
400 Programs
401 From Education Fund
$246,300
402 Schedule of Programs:
403 National Board-Certified Teacher Program $246,300
404 ITEM 2
405 To State Board of Education - Minimum School Program - Related to Basic School
406 Programs
407 From Education Fund, One-time
$3,000,000
408 Schedule of Programs:
409 English Language Learner Software Support $3,000,000
410 The Legislature intends that:
411 (1) the State Board of Education allocate the appropriation under this section to a local
412 education agency in proportion to the local education agency's share of statewide English
413 language learner students; and
414 (2) a local education agency select a vendor and use an allocation of money allocated
415 under Subsection (1) to pay for software licenses for software used for English language
416 learner student instruction.
417 Section 8. Effective date.
418 If approved by two-thirds of all the members elected to each house, this bill takes effect
419 upon approval by the governor, or the day following the constitutional time limit of Utah
420 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
421 the date of veto override.
422