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, 2020, and ending
11 June 30, 2021, and for the fiscal year beginning July 1, 2021, and ending June 30, 2022.
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 ▸ directs the State Board of Education on how to execute certain funding programs;
17 ▸ provides appropriations for other purposes as described;
18 ▸ amends and enacts provisions related to certain appropriations for public education,
20 • allowing the State Board of Education (state board) to use data from fiscal year
21 2020 for certain funding formulas in certain circumstances;
22 • allowing the state board to distribute funds to mitigate funding losses associated
23 with the elimination of the Administrative Cost Program;
24 • requiring the state board to allocate funds for English language learner software;
26 • providing the State Charter School Board with increased budgetary autonomy;
27 ▸ makes technical and conforming changes; and
28 ▸ provides intent language.
29 Money Appropriated in this Bill:
30 This bill appropriates $50,561,400 in operating and capital budgets for fiscal year 2021,
32 ▸ $3,851,200 from the Education Fund; and
33 ▸ $46,710,200 from various sources as detailed in this bill.
34 This bill appropriates $2,270,000 in transfers to unrestricted funds for fiscal year 2021.
35 This bill appropriates $100,384,400 in operating and capital budgets for fiscal year
36 2022, including:
37 ▸ $100 from the General Fund;
38 ▸ $28,288,700 from the Uniform School Fund;
39 ▸ $29,786,500 from the Education Fund; and
40 ▸ $42,309,100 from various sources as detailed in this bill.
41 Other Special Clauses:
42 This bill provides a special effective date.
43 Utah Code Sections Affected:
45 53E-5-302, as last amended by Laws of Utah 2019, Chapter 186
46 53F-2-304, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 9
47 53F-2-706, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 14
48 53G-5-202, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
49 amended by Laws of Utah 2018, Chapter 3
51 53F-2-209, Utah Code Annotated 1953
52 53F-2-418, Utah Code Annotated 1953
54 53F-5-212, as last amended by Laws of Utah 2020, Chapters 354 and 408
56 Be it enacted by the Legislature of the state of Utah:
57 Section 1. Section 53E-5-302 is amended to read:
58 53E-5-302. State board to designate low performing schools -- Needs assessment.
59 (1) Except as provided in Subsection (4), the state board shall:
60 (a) annually designate a school as a low performing school; and
61 (b) conduct a needs assessment for a low performing school by thoroughly analyzing
62 the root causes of the low performing school's low performance.
63 (2) The state board may use up to 5% of the appropriation provided under this part to
64 hire or contract with one or more individuals to conduct a needs assessment described in
65 Subsection (1)(b).
66 (3) A school that was designated as a low performing school based on 2015-2016
67 school year performance that is not in the lowest performing 3% of schools statewide following
68 the 2016-2017 school year is exempt from the provisions of this part.
69 (4) (a) The state board is not required to designate as a low performing school a school
70 for which the state board is not required to assign an overall rating in accordance with Section
72 (b) The requirement to designate a school as a low-performing school described in
73 Subsection (1) does not apply in Ĥ→ [
73a 2020-2021 Ĥ→ [
74 Section 2. Section 53F-2-209 is enacted to read:
75 53F-2-209. Use of data to determine funding in fiscal years 2021 and 2022.
76 (1) For fiscal years 2021 and 2022, if data necessary for programmatic funding
77 distributions to LEAs is inconsistent due to adjustments related to effects of the COVID-19
78 emergency, the state board may use the analogous data from fiscal year 2020 or the 2019-2020
79 school year, at the state board's discretion to execute programmatic funding distributions to
81 (2) The state board shall report to the Public Education Appropriations Subcommittee
82 before September 30, 2021, on instances in which the board used fiscal year 2020 data under
83 Subsection (1).
84 Section 3. Section 53F-2-304 is amended to read:
85 53F-2-304. Necessarily existent small schools -- Computing additional weighted
86 pupil units -- Consolidation of small schools.
87 (1) As used in this section, "necessarily existent small schools funding balance" means
88 the difference between:
89 (a) the amount appropriated for the necessarily existent small schools program in a
90 fiscal year; and
91 (b) the amount distributed to school districts for the necessarily existent small schools
92 program in the same fiscal year.
93 (2) (a) Upon application by a local school board, the state board shall, in consultation
94 with the local school board, classify schools in the school district as necessarily existent small
95 schools, in accordance with this section and state board rules adopted under Subsection (3).
96 (b) An application must be submitted to the state board before April 2, and the state
97 board must report a decision to a local school board before June 2.
98 (3) The state board shall adopt standards and make rules, in accordance with Title 63G,
99 Chapter 3, Utah Administrative Rulemaking Act, to:
100 (a) govern the approval of necessarily existent small schools consistent with principles
101 of efficiency and economy that serve the purpose of eliminating schools where consolidation is
102 feasible by participation in special school units; and
103 (b) ensure that school districts are not building secondary schools in close proximity to
104 one another where economy and efficiency would be better served by one school meeting the
105 needs of secondary students in a designated geographical area.
106 (4) The state board shall prepare and publish objective standards and guidelines for
107 determining which small schools are necessarily existent after consultation with local school
109 (5) (a) Additional weighted pupil units for schools classified as necessarily existent
110 small schools shall be computed using distribution formulas adopted by the state board.
111 (b) The distribution formulas establish the following maximum sizes for funding under
112 the necessarily existent small school program:
113 (i) an elementary school 160
114 (ii) a one or two-year secondary school 300
115 (iii) a three-year secondary school 450
116 (iv) a four-year secondary school 500
117 (v) a six-year secondary school 600
118 (c) An elementary school with fewer than 10 students shall receive the same add-on
119 weighted pupil units as an elementary school with 10 students.
120 (d) A secondary school with fewer than 15 students shall receive the same add-on
121 weighted pupil units as a secondary school with 15 students.
122 (e) If a necessarily existent small school generates ADM in both elementary and
123 secondary grades, the state board may divide the school's ADM between an elementary and
124 secondary distribution formula.
125 (f) The state board shall prepare and distribute an allocation table based on the
126 distribution formula to each school district.
127 (6) (a) To avoid penalizing a school district financially for consolidating the school
128 district's small schools, additional weighted pupil units may be allowed a school district each
129 year, not to exceed two years.
130 (b) The additional weighted pupil units may not exceed the difference between what
131 the school district receives for a consolidated school and what the school district would have
132 received for the small schools had the small schools not been consolidated.
133 (7) (a) The state board may allocate up to 208 weighted pupil units to support schools
135 (i) have isolating conditions, as defined by the state board, including geographic
136 isolation; and
137 (ii) do not qualify for necessarily existent small schools funding due to formula
139 (b) The state board shall review funding allocations under this Subsection (7) at least
140 once every five calendar years.
141 (8) If the state board classifies a school as a necessarily existent small school in
142 accordance with this section, the state board shall, subject to legislative appropriation,
143 distribute small district base funding to the relevant school district in the following amounts:
144 (a) for a district with 500 students or less, 83 additional weighted pupil units;
145 (b) for a district with 501 to 1,000 students, 28 additional weighted pupil units; and
146 (c) for a district with 1,001 to 2,000 students, 14 additional weighted pupil units.
147 (9) Subject to legislative appropriation, the state board shall give first priority from an
148 appropriation made under this section to funding an expense approved by the state board as
149 described in Subsection 53G-6-305(3)(a).
150 (10) (a) Subject to Subsection (10)(b) and after a distribution made under Subsection
151 (9), the state board may distribute a portion of necessarily existent small schools funding:
152 (i) in accordance with a formula adopted by the state board that considers the tax effort
153 of a local school board; or
154 (ii) to isolated small schools, as identified by the state board.
155 (b) The amount distributed in accordance with Subsection (10)(a) may not exceed the
156 necessarily existent small schools fund in balance of the prior fiscal year.
157 (11) A local school board may use the money allocated under this section for
158 maintenance and operation of school programs or for other school purposes as approved by the
159 state board.
160 (12) (a) Notwithstanding this section and subject to legislative appropriations, the state
161 board may, in accordance with Subsection (12)(b), distribute one-time funding that the
162 Legislature appropriates to mitigate funding losses as described in legislative appropriations.
163 (b) The state board may make the distribution described in Subsection (12)(a) to school
164 districts that:
165 (i) enroll fewer than 5,000 students; and
166 (ii) do not pay local property tax proceeds into the Uniform School Fund as described
167 in Section 53F-2-301.5.
168 Section 4. Section 53F-2-418 is enacted to read:
169 53F-2-418. English language learner software.
170 (1) Subject to legislative appropriations, the state board shall:
171 (a) allocate funds to LEAs for English language learner software; and
172 (b) make the allocation described in Subsection (1)(a) using a formula that provides:
173 (i) a base amount for each LEA that has English language learner students; and
174 (ii) a distribution of remaining funding in proportion to the LEA's share of statewide
175 English language learner students.
176 (2) An LEA shall use an allocation the LEA receives under Subsection (1) to select a
177 vendor and pay for software licenses for English language learner instruction.
178 Section 5. Section 53F-2-706 is amended to read:
179 53F-2-706. Small charter school base funding.
180 (1) Subject to legislative appropriation, the state board shall distribute small charter
181 school base funding in the following amounts to charter schools with 2,000 or less students:
182 (a) for a charter school with 300 students or less, $40,000;
183 (b) for a charter school with 301 to 400 students, $35,000;
184 (c) for a charter school with 401 to 500 students, $30,000;
185 (d) for a charter school with 501 to 600 students, $25,000;
186 (e) for a charter school with 601 to 1,000 students, $20,000; and
187 (f) for a charter school with 1,001 to 2,000 students, $15,000.
188 (2) A charter school's eligibility for small charter school base funding is determined by
189 the charter school's student enrollment on October 1 of a given year.
190 (3) Notwithstanding this section and subject to legislative appropriations, the state
191 board may distribute to charter schools, regardless of size, one-time funding that the
192 Legislature appropriates to mitigate funding losses as described in legislative appropriations.
193 Section 6. Section 53G-5-202 is amended to read:
194 53G-5-202. Status and powers of State Charter School Board.
195 (1) The State Charter School Board may:
199 to, or perform other school functions for, charter schools authorized by the State Charter
200 School Board; and
202 (2) The state board shall:
203 (a) approve the annual budget and expenditures of the State Charter School Board; and
204 (b) otherwise grant autonomy to the State Charter School Board to manage the State
205 Charter School Board's budget.
206 Section 7. Repealer.
207 This bill repeals:
208 Section 53F-5-212, Grants for additional educators for high-need schools.
209 Section 8. Fiscal Year 2021 Appropriation.
210 The following sums of money are appropriated for the fiscal year beginning July 1,
211 2020, and ending June 30, 2021. These are additions to amounts otherwise appropriated for
212 fiscal year 2021.
213 Subsection 8(a). Operating and Capital Budgets.
214 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
215 Legislature appropriates the following sums of money from the funds or accounts indicated for
216 the use and support of the government of the state of Utah.
State Board of Education - Minimum School Program
Item1 To State Board of Education - Minimum School Program - Basic School Program
220 From Education Fund, One-time
221 Schedule of Programs:
222 Grades 1 - 12 15,000,000
Item2 To State Board of Education - Minimum School Program - Voted and Board Local
224 Levy Programs
225 From Education Fund, One-time
226 Schedule of Programs:
227 Voted Local Levy Program (7,500,000)
228 Board Local Levy Program (7,500,000)
State Board of Education
Item3 To State Board of Education - Child Nutrition
231 From Federal Funds, One-time
232 Schedule of Programs:
233 Child Nutrition 48,927,100
Item4 To State Board of Education - Initiative Programs
235 From Beginning Nonlapsing Balances
236 Schedule of Programs:
237 Contracts and Grants (670,000)
238 ELL Software Licenses (1,500,000)
Item5 To State Board of Education - MSP Categorical Program Administration
240 From Beginning Nonlapsing Balances
241 Schedule of Programs:
242 Dual Immersion (100,000)
Item6 To State Board of Education - State Administrative Office
244 From Education Fund, One-time
245 Schedule of Programs:
246 Statewide Financial Management System Grants 4,000,000
247 The Legislature intends that the State Board of Education use one-time funds
248 appropriated to support Statewide Financial Management System Grants to provide grants to
249 local education agencies in fiscal year 2021, fiscal year 2022, or fiscal year 2023 to make
250 changes to local data systems to facilitate data transfers between the LEA and the state.
Item7 To State Board of Education - General System Support
252 From Education Fund, One-time
253 Schedule of Programs:
254 Student Achievement (95,700)
Item8 To State Board of Education - State Charter School Board
256 From Education Fund, One-time
257 Schedule of Programs:
258 From Closing Nonlapsing Balances 53,100
259 Subsection 8(b). Transfers to Unrestricted Funds.
260 The Legislature authorizes the State Division of Finance to transfer the following
261 amounts to the unrestricted General Fund, Education Fund, or Uniform School Fund, as
262 indicated, from the restricted funds or accounts indicated. Expenditures and outlays from the
263 General Fund, Education Fund, or Uniform School Fund must be authorized by an
Item9 To Education Fund
267 From Nonlapsing Balances - Transfer from Dual Language Program
268 From Nonlapsing Balances - Transfer from ELL Software Licenses
269 From Nonlapsing Balances - Transfer from Initiative Programs
270 Schedule of Programs:
271 Education Fund, One-time 2,270,000
272 Section 9. Fiscal Year 2022 Appropriation.
273 The following sums of money are appropriated for the fiscal year beginning July 1,
274 2021, and ending June 30, 2022. These are additions to amounts otherwise appropriated for
275 fiscal year 2022.
276 Subsection 9(a). Operating and Capital Budgets.
277 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
278 Legislature appropriates the following sums of money from the funds or accounts indicated for
279 the use and support of the government of the state of Utah.
State Board of Education - Minimum School Program
Item10 To State Board of Education - Minimum School Program - Basic School Program
283 From Uniform School Fund
284 From Uniform School Fund, One-time
285 Schedule of Programs:
286 Necessarily Existent Small Schools (131 WPUs) 4,100,000
287 The Legislature intends that the State Board of Education distribute funds in accordance
288 with Subsection 53F-2-304(12) to mitigate funding losses associated with the elimination of
289 the Administrative Cost Program.
Item11 To State Board of Education - Minimum School Program - Related to Basic School
292 From Uniform School Fund
293 From Uniform School Fund, One-time
294 From Beginning Nonlapsing Balances
295 From Closing Nonlapsing Balances
296 Schedule of Programs:
297 Pupil Transportation To and From School 2,500,000
298 Beverley Taylor Sorenson Elementary Arts
299 Learning Program 2,000,000
300 Early Intervention 7,000,000
301 Grants for Educators in High-need Schools (500,000)
302 National Board Certified Teacher Program (246,300)
303 Grants for Professional Learning 3,935,000
304 Charter School Funding Base Program 5,000,000
305 English Language Learner Software 4,500,000
306 (1) The Legislature intends that the expenditures upon which state funding is
307 contingent under Items 2, 9, 22, and 33 in S.B. 1, Public Education Base Budget Amendments,
308 be modified to include all of the federally allowed activities for the Federal Coronavirus Relief
309 for Public Education funds except:
310 (a) school facility repairs and improvements to enable operation of schools to reduce
311 risk of virus transmission and exposure to environmental health hazards, and to support student
312 health needs; and
313 (b) inspection, testing, maintenance, repair, replacement, and upgrade projects to
314 improve the indoor air quality in school facilities, including mechanical and non-mechanical
315 heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning,
316 fans, control systems, and window and door repair and replacement.
317 (2) The Legislature further intends that the State Board of Education distribute funds in
318 accordance with Subsection 53F-2-706(3) to mitigate funding losses associated with the
319 elimination of the Administrative Cost Program.
State Board of Education
Item12 To State Board of Education - Educator Licensing
322 From Education Fund
323 From Beginning Nonlapsing Balances
324 From Closing Nonlapsing Balances
325 Schedule of Programs:
326 National Board-Certified Teachers 246,300
Item13 To State Board of Education - Fine Arts Outreach
328 From Education Fund
329 Schedule of Programs:
330 Provisional Program 250,000
Item14 To State Board of Education - Initiative Programs
332 From Education Fund
333 From Education Fund, One-time
334 From Beginning Nonlapsing Balances
335 Schedule of Programs:
336 Computer Science Initiatives 5,000,000
337 Contracts and Grants 3,300,000
338 Early Warning Pilot Program 125,000
339 Electronic Elementary Reading Tool 1,500,000
340 ProStart Culinary Arts Program 300,000
341 School Turnaround and Leadership Development Act (4,028,500)
342 UPSTART 9,000,000
Item15 To State Board of Education - MSP Categorical Program Administration
344 From Education Fund
345 Schedule of Programs:
346 Early Learning Training and Assessment 1,065,000
Item16 To State Board of Education - Science Outreach
348 From Education Fund
349 Schedule of Programs:
350 Informal Science Education Enhancement 475,000
Item17 To State Board of Education - State Administrative Office
352 From General Fund
353 From Education Fund
354 From Education Fund, One-time
355 From Federal Funds, One-time
356 From General Fund Restricted - Mineral Lease
357 From Revenue Transfers
358 From Uniform School Fund Restricted - Trust Distribution Account
359 From Uniform School Fund Restricted - Trust Distribution Account,
361 From Beginning Nonlapsing Balances
362 From Closing Nonlapsing Balances
363 Schedule of Programs:
364 Board and Administration 37,193,900
365 Financial Operations 112,300
366 Indirect Cost Pool 196,000
367 School Trust 275,000
368 Special Education (50,000)
369 Statewide Online Education Program (4,610,700)
370 Student Support Services 700,000
371 The Legislature intends that the State Board of Education;
372 (1) report to the Public Education Appropriations Subcommittee, on or before
373 September 30, 2021, regarding how school-level data included in the Annual Financial Reports
374 (AFRs) and Annual Program Reports (APRs) will be reported in a public-facing format; and
375 (b) (i) develop a fee for service schedule for certifying the special education programs
376 of residential treatment centers; and
377 (ii) report the schedule to the Public Education Appropriations Subcommittee on or
378 before October 1, 2021.
Item18 To State Board of Education - General System Support
380 From Education Fund
381 From Education Fund, One-time
382 Schedule of Programs:
383 Teaching and Learning 926,500
384 Assessment and Accountability 7,016,900
385 (1) The Legislature intends that the Utah State Board of Education use any revenue or
386 nonlapsing balances generated from the licensing of Readiness Improvement Success
387 Empowerment (RISE) questions to develop additional assessment questions for all state
388 assessments, provide professional learning for Utah educators, and for risk mitigation
390 (2) The Legislature intends that, of the appropriations provided to State Board of
391 Education - Teaching and Learning, $225,000 be used to implement the provisions of
392 American Indian and Alaskan Native Education, S.B. 124, Chapter 269, Laws of Utah 2020,
393 General Session.
394 (3) The Legislature intends that, of the appropriations provided by this item, $800,000
395 one-time be used to implement the provisions of Concurrent Enrollment Certificate Pilot
396 Program, H.B. 336, Chapter 321, Laws of Utah 2020, General Session.
396a Ĥ→ (4) The Legislature intends that, of the appropriations provided by this item,
396b $7,016,900 be used:
396c (a) in fiscal years 2022, 2023, and 2024; and
396d (b) to contract for professional learning related to improving student achievement. ←Ĥ
Item19 To State Board of Education - State Charter School Board
398 From Education Fund
399 Schedule of Programs:
400 State Charter School Board 1,600
Item20 To State Board of Education - Utah Schools for the Deaf and the Blind
402 From Education Fund
403 From Education Fund, One-time
404 From Revenue Transfers
405 Schedule of Programs:
406 Support Services 400
407 Administration 1,325,000
408 Utah State Instructional Materials Access Center 500,000
409 The Legislature intends that the Utah Schools for the Deaf and the Blind charge a fee to
410 out-of-state schools for instructional materials produced by the Utah State Instructional
411 Materials Access Center (USIMAC) to cover actual costs of reprinting and shipping per
412 volume. The estimated fee amount is $150 per Braille volume and $15 shipping.
Item21 To State Board of Education - Statewide Online Education
414 From Education Fund
415 From Education Fund, One-time
416 From Revenue Transfers
417 From Beginning Nonlapsing Balances
418 From Closing Nonlapsing Balances
419 Schedule of Programs:
420 Statewide Online Education 9,410,700
421 The Legislature intends that the State Board of Education use one-time funding
422 appropriated to the Statewide Online Education Program to meet the following priorities:
423 (1) fully fund requests for enrollment from homeschool students; and
424 (2) use remaining funding to support enrollment requests from students accessing the
425 program through a private school.
State Board of Education
Item22 To School and Institutional Trust Fund Office
428 From School and Institutional Trust Fund Management Account
429 Schedule of Programs:
430 School and Institutional Trust Fund Office 1,865,300
431 Section 10. Effective date.
432 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
433 elected to each house, this bill takes effect upon approval by the governor, or the day following
434 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
435 signature, or in the case of a veto, the date of veto override.
436 (2) The following sections of this bill take effect on July 1, 2021:
437 (a) Section 53E-5-302;
438 (b) Section 53F-2-209;
439 (c) Section 53F-2-304;
440 (d) Section 53F-2-418;
441 (e) Section 53F-2-706;
442 (f) Section 53G-5-202;
443 (g) Section 7, Repealer;
444 (h) Section 9, Fiscal Year 2022 Appropriations; and
445 (i) Subsection 9(a), Operating and Capital Budgets.