This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 17, 2021 at 3:35 PM by lpoole.



Chief Sponsor: Marsha Judkins

Senate Sponsor: Michael S. Kennedy


8     General Description:
9          This bill amends a formula related to add-on weighted pupil units for students with
10     disabilities.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends a formula related to add-on weighted pupil units for students with
14     disabilities; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53F-2-307, as last amended by Laws of Utah 2020, Chapter 408

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53F-2-307 is amended to read:
26          53F-2-307. Weighted pupil units for programs for students with disabilities --
27     Local school board allocation.

28          (1) The number of weighted pupil units for students with disabilities shall reflect the
29     direct cost of programs for those students conducted in accordance with rules established by the
30     state board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
31          (2) Disability program money allocated to school districts or charter schools is
32     restricted and shall be spent for the education of students with disabilities but may include
33     expenditures for approved programs of services conducted for certified instructional personnel
34     who have students with disabilities in their classes.
35          (3) The state board shall establish and strictly interpret definitions and provide
36     standards for determining which students have disabilities and shall assist school districts and
37     charter schools in determining the services that should be provided to students with disabilities.
38          (4) Each year the state board shall evaluate the standards and guidelines that establish
39     the identifying criteria for disability classifications to assure strict compliance with those
40     standards by the school districts and charter schools.
41          (5) (a) Money appropriated to the state board for add-on WPUs for students with
42     disabilities enrolled in regular programs shall be allocated to school districts and charter
43     schools as provided in this Subsection (5).
44          (b) The state board shall use a school district's or charter school's average number of
45     special education add-on weighted pupil units determined by [the previous five year's] the prior
46     year's average daily membership plus growth and the preceding four years' average daily
47     membership data as a foundation for the special education add-on appropriation.
48          (c) The growth factor described in Subsection (5)(b) is the percentage change in total
49     enrollment of kindergarten through grade 12 students on the first school day of October in the
50     current school year as compared to the total enrollment of kindergarten through grade 12
51     students on the first school day of October in the previous school year.
52          [(c)] (d) A school district's or charter school's special education add-on WPUs for the
53     current year may not be less than the foundation special education add-on WPUs described in
54     Subsection (5)(b).
55          [(d)] (e) Growth WPUs shall be added to the prior year special education add-on
56     WPUs, and growth WPUs shall be determined as follows:
57          (i) The special education student growth factor is calculated by comparing Ŝ→ [
S-3] S-2 ←Ŝ
57a      total
58     special education [ADM of two years] average daily membership of one year previous to the

59     current year to the Ŝ→ [
S-3] S-2 ←Ŝ total special education [ADM three] average daily membership
59a     two
60     years previous to the current year, not to exceed the official October total school district or
61     charter school growth factor from the prior year.
62          (ii) When calculating and applying the growth factor, a school district's S-3 total
63     special education ADM for a given year is limited to [12.18%] the following percentage of the
64     school district's Ŝ→ [
S-3] S-2 ←Ŝ total student ADM for the same year[.]:
65          (A) for a school district in a county of the first, second, or third class, 14%; and
66          (B) for a school district in a county of the fourth, fifth, or sixth class, 20%.
67          (iii) Growth ADMs are calculated by applying the growth factor to the Ŝ→ [
S-3] S-2 ←Ŝ
67a      total special
68     education [ADM of two years] average daily membership of one year previous to the current
69     year.
70          (iv) Growth ADMs for each school district or each charter school are multiplied by
71     1.53 weighted pupil units and added to the prior year special education add-on WPU to
72     determine each school district's or each charter school's total allocation.
73          (6) If money appropriated under this chapter for programs for students with disabilities
74     does not meet the costs of school districts and charter schools for those programs, each school
75     district and each charter school shall first receive the amount generated for each student with a
76     disability under the basic program.