2
3
4
5
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, 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,
19 including:
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;
25 and
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,
31 including:
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:
44 AMENDS:
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
50 ENACTS:
51 53F-2-209, Utah Code Annotated 1953
52 53F-2-418, Utah Code Annotated 1953
53 REPEALS:
54 53F-5-212, as last amended by Laws of Utah 2020, Chapters 354 and 408
55
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
71 53E-5-204.
72 (b) The requirement to designate a school as a low-performing school described in
73 Subsection (1) does not apply in the school year immediately following the 2020-2021 or
74 2021-2022 school year.
75 Section 2. Section 53F-2-209 is enacted to read:
76 53F-2-209. Use of data to determine funding in fiscal years 2021 and 2022.
77 (1) For fiscal years 2021 and 2022, if data necessary for programmatic funding
78 distributions to LEAs is inconsistent due to adjustments related to effects of the COVID-19
79 emergency, the state board may use the analogous data from fiscal year 2020 or the 2019-2020
80 school year, at the state board's discretion to execute programmatic funding distributions to
81 LEAs.
82 (2) The state board shall report to the Public Education Appropriations Subcommittee
83 before September 30, 2021, on instances in which the board used fiscal year 2020 data under
84 Subsection (1).
85 Section 3. Section 53F-2-304 is amended to read:
86 53F-2-304. Necessarily existent small schools -- Computing additional weighted
87 pupil units -- Consolidation of small schools.
88 (1) As used in this section, "necessarily existent small schools funding balance" means
89 the difference between:
90 (a) the amount appropriated for the necessarily existent small schools program in a
91 fiscal year; and
92 (b) the amount distributed to school districts for the necessarily existent small schools
93 program in the same fiscal year.
94 (2) (a) Upon application by a local school board, the state board shall, in consultation
95 with the local school board, classify schools in the school district as necessarily existent small
96 schools, in accordance with this section and state board rules adopted under Subsection (3).
97 (b) An application must be submitted to the state board before April 2, and the state
98 board must report a decision to a local school board before June 2.
99 (3) The state board shall adopt standards and make rules, in accordance with Title 63G,
100 Chapter 3, Utah Administrative Rulemaking Act, to:
101 (a) govern the approval of necessarily existent small schools consistent with principles
102 of efficiency and economy that serve the purpose of eliminating schools where consolidation is
103 feasible by participation in special school units; and
104 (b) ensure that school districts are not building secondary schools in close proximity to
105 one another where economy and efficiency would be better served by one school meeting the
106 needs of secondary students in a designated geographical area.
107 (4) The state board shall prepare and publish objective standards and guidelines for
108 determining which small schools are necessarily existent after consultation with local school
109 boards.
110 (5) (a) Additional weighted pupil units for schools classified as necessarily existent
111 small schools shall be computed using distribution formulas adopted by the state board.
112 (b) The distribution formulas establish the following maximum sizes for funding under
113 the necessarily existent small school program:
114 (i) an elementary school 160
115 (ii) a one or two-year secondary school 300
116 (iii) a three-year secondary school 450
117 (iv) a four-year secondary school 500
118 (v) a six-year secondary school 600
119 (c) An elementary school with fewer than 10 students shall receive the same add-on
120 weighted pupil units as an elementary school with 10 students.
121 (d) A secondary school with fewer than 15 students shall receive the same add-on
122 weighted pupil units as a secondary school with 15 students.
123 (e) If a necessarily existent small school generates ADM in both elementary and
124 secondary grades, the state board may divide the school's ADM between an elementary and
125 secondary distribution formula.
126 (f) The state board shall prepare and distribute an allocation table based on the
127 distribution formula to each school district.
128 (6) (a) To avoid penalizing a school district financially for consolidating the school
129 district's small schools, additional weighted pupil units may be allowed a school district each
130 year, not to exceed two years.
131 (b) The additional weighted pupil units may not exceed the difference between what
132 the school district receives for a consolidated school and what the school district would have
133 received for the small schools had the small schools not been consolidated.
134 (7) (a) The state board may allocate up to 208 weighted pupil units to support schools
135 that:
136 (i) have isolating conditions, as defined by the state board, including geographic
137 isolation; and
138 (ii) do not qualify for necessarily existent small schools funding due to formula
139 limitations.
140 (b) The state board shall review funding allocations under this Subsection (7) at least
141 once every five calendar years.
142 (8) If the state board classifies a school as a necessarily existent small school in
143 accordance with this section, the state board shall, subject to legislative appropriation,
144 distribute small district base funding to the relevant school district in the following amounts:
145 (a) for a district with 500 students or less, 83 additional weighted pupil units;
146 (b) for a district with 501 to 1,000 students, 28 additional weighted pupil units; and
147 (c) for a district with 1,001 to 2,000 students, 14 additional weighted pupil units.
148 (9) Subject to legislative appropriation, the state board shall give first priority from an
149 appropriation made under this section to funding an expense approved by the state board as
150 described in Subsection 53G-6-305(3)(a).
151 (10) (a) Subject to Subsection (10)(b) and after a distribution made under Subsection
152 (9), the state board may distribute a portion of necessarily existent small schools funding:
153 (i) in accordance with a formula adopted by the state board that considers the tax effort
154 of a local school board; or
155 (ii) to isolated small schools, as identified by the state board.
156 (b) The amount distributed in accordance with Subsection (10)(a) may not exceed the
157 necessarily existent small schools fund in balance of the prior fiscal year.
158 (11) A local school board may use the money allocated under this section for
159 maintenance and operation of school programs or for other school purposes as approved by the
160 state board.
161 (12) (a) Notwithstanding this section and subject to legislative appropriations, the state
162 board may, in accordance with Subsection (12)(b), distribute one-time funding that the
163 Legislature appropriates to mitigate funding losses as described in legislative appropriations.
164 (b) The state board may make the distribution described in Subsection (12)(a) to school
165 districts that:
166 (i) enroll fewer than 5,000 students; and
167 (ii) do not pay local property tax proceeds into the Uniform School Fund as described
168 in Section 53F-2-301.5.
169 Section 4. Section 53F-2-418 is enacted to read:
170 53F-2-418. English language learner software.
171 (1) Subject to legislative appropriations, the state board shall:
172 (a) allocate funds to LEAs for English language learner software; and
173 (b) make the allocation described in Subsection (1)(a) using a formula that provides:
174 (i) a base amount for each LEA that has English language learner students; and
175 (ii) a distribution of remaining funding in proportion to the LEA's share of statewide
176 English language learner students.
177 (2) An LEA shall use an allocation the LEA receives under Subsection (1) to select a
178 vendor and pay for software licenses for English language learner instruction.
179 Section 5. Section 53F-2-706 is amended to read:
180 53F-2-706. Small charter school base funding.
181 (1) Subject to legislative appropriation, the state board shall distribute small charter
182 school base funding in the following amounts to charter schools with 2,000 or less students:
183 (a) for a charter school with 300 students or less, $40,000;
184 (b) for a charter school with 301 to 400 students, $35,000;
185 (c) for a charter school with 401 to 500 students, $30,000;
186 (d) for a charter school with 501 to 600 students, $25,000;
187 (e) for a charter school with 601 to 1,000 students, $20,000; and
188 (f) for a charter school with 1,001 to 2,000 students, $15,000.
189 (2) A charter school's eligibility for small charter school base funding is determined by
190 the charter school's student enrollment on October 1 of a given year.
191 (3) Notwithstanding this section and subject to legislative appropriations, the state
192 board may distribute to charter schools, regardless of size, one-time funding that the
193 Legislature appropriates to mitigate funding losses as described in legislative appropriations.
194 Section 6. Section 53G-5-202 is amended to read:
195 53G-5-202. Status and powers of State Charter School Board.
196 (1) The State Charter School Board may:
197 [
198 [
199 [
200 to, or perform other school functions for, charter schools authorized by the State Charter
201 School Board; and
202 [
203 (2) The state board shall:
204 (a) approve the annual budget and expenditures of the State Charter School Board; and
205 (b) otherwise grant autonomy to the State Charter School Board to manage the State
206 Charter School Board's budget.
207 Section 7. Repealer.
208 This bill repeals:
209 Section 53F-5-212, Grants for additional educators for high-need schools.
210 Section 8. Fiscal Year 2021 Appropriation.
211 The following sums of money are appropriated for the fiscal year beginning July 1,
212 2020, and ending June 30, 2021. These are additions to amounts otherwise appropriated for
213 fiscal year 2021.
214 Subsection 8(a). Operating and Capital Budgets.
215 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
216 Legislature appropriates the following sums of money from the funds or accounts indicated for
217 the use and support of the government of the state of Utah.
218
Public Education
219
State Board of Education - Minimum School Program
220
Item
1 To State Board of Education - Minimum School Program - Basic School Program221 From Education Fund, One-time
15,000,000
222 Schedule of Programs:
223 Grades 1 - 12 15,000,000
224
Item
2 To State Board of Education - Minimum School Program - Voted and Board Local225 Levy Programs
226 From Education Fund, One-time
(15,000,000)
227 Schedule of Programs:
228 Voted Local Levy Program (7,500,000)
229 Board Local Levy Program (7,500,000)
230
State Board of Education
231
Item
3 To State Board of Education - Child Nutrition232 From Federal Funds, One-time
48,927,100
233 Schedule of Programs:
234 Child Nutrition 48,927,100
235
Item
4 To State Board of Education - Initiative Programs236 From Beginning Nonlapsing Balances
(2,170,000)
237 Schedule of Programs:
238 Contracts and Grants (670,000)
239 ELL Software Licenses (1,500,000)
240
Item
5 To State Board of Education - MSP Categorical Program Administration241 From Beginning Nonlapsing Balances
(100,000)
242 Schedule of Programs:
243 Dual Immersion (100,000)
244
Item
6 To State Board of Education - State Administrative Office245 From Education Fund, One-time
4,000,000
246 Schedule of Programs:
247 Statewide Financial Management System Grants 4,000,000
248 The Legislature intends that the State Board of Education use one-time funds
249 appropriated to support Statewide Financial Management System Grants to provide grants to
250 local education agencies in fiscal year 2021, fiscal year 2022, or fiscal year 2023 to make
251 changes to local data systems to facilitate data transfers between the LEA and the state.
252
Item
7 To State Board of Education - General System Support253 From Education Fund, One-time
(95,700)
254 Schedule of Programs:
255 Student Achievement (95,700)
256
Item
8 To State Board of Education - State Charter School Board257 From Education Fund, One-time
(53,100)
258 Schedule of Programs:
259 From Closing Nonlapsing Balances 53,100
260 Subsection 8(b). Transfers to Unrestricted Funds.
261 The Legislature authorizes the State Division of Finance to transfer the following
262 amounts to the unrestricted General Fund, Education Fund, or Uniform School Fund, as
263 indicated, from the restricted funds or accounts indicated. Expenditures and outlays from the
264 General Fund, Education Fund, or Uniform School Fund must be authorized by an
265 appropriation.
266
Public Education
267
Item
9 To Education Fund268 From Nonlapsing Balances - Transfer from Dual Language Program
100,000
269 From Nonlapsing Balances - Transfer from ELL Software Licenses
1,500,000
270 From Nonlapsing Balances - Transfer from Initiative Programs
670,000
271 Schedule of Programs:
272 Education Fund, One-time 2,270,000
273 Section 9. Fiscal Year 2022 Appropriation.
274 The following sums of money are appropriated for the fiscal year beginning July 1,
275 2021, and ending June 30, 2022. These are additions to amounts otherwise appropriated for
276 fiscal year 2022.
277 Subsection 9(a). Operating and Capital Budgets.
278 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
279 Legislature appropriates the following sums of money from the funds or accounts indicated for
280 the use and support of the government of the state of Utah.
281
Public Education
282
State Board of Education - Minimum School Program
283
Item
10 To State Board of Education - Minimum School Program - Basic School Program284 From Uniform School Fund
500,000
285 From Uniform School Fund, One-time
3,600,000
286 Schedule of Programs:
287 Necessarily Existent Small Schools (131 WPUs) 4,100,000
288 The Legislature intends that the State Board of Education distribute funds in accordance
289 with Subsection 53F-2-304(12) to mitigate funding losses associated with the elimination of
290 the Administrative Cost Program.
291
Item
11 To State Board of Education - Minimum School Program - Related to Basic School292 Programs
293 From Uniform School Fund
16,688,700
294 From Uniform School Fund, One-time
7,500,000
295 From Beginning Nonlapsing Balances
(11,400)
296 From Closing Nonlapsing Balances
11,400
297 Schedule of Programs:
298 Pupil Transportation To and From School 2,500,000
299 Beverley Taylor Sorenson Elementary Arts
300 Learning Program 2,000,000
301 Early Intervention 7,000,000
302 Grants for Educators in High-need Schools (500,000)
303 National Board Certified Teacher Program (246,300)
304 Grants for Professional Learning 3,935,000
305 Charter School Funding Base Program 5,000,000
306 English Language Learner Software 4,500,000
307 (1) The Legislature intends that the expenditures upon which state funding is
308 contingent under Items 2, 9, 22, and 33 in S.B. 1, Public Education Base Budget Amendments,
309 be modified to include all of the federally allowed activities for the Federal Coronavirus Relief
310 for Public Education funds except:
311 (a) school facility repairs and improvements to enable operation of schools to reduce
312 risk of virus transmission and exposure to environmental health hazards, and to support student
313 health needs; and
314 (b) inspection, testing, maintenance, repair, replacement, and upgrade projects to
315 improve the indoor air quality in school facilities, including mechanical and non-mechanical
316 heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning,
317 fans, control systems, and window and door repair and replacement.
318 (2) The Legislature further intends that the State Board of Education distribute funds in
319 accordance with Subsection 53F-2-706(3) to mitigate funding losses associated with the
320 elimination of the Administrative Cost Program.
321
State Board of Education
322
Item
12 To State Board of Education - Educator Licensing323 From Education Fund
246,300
324 From Beginning Nonlapsing Balances
11,400
325 From Closing Nonlapsing Balances
(11,400)
326 Schedule of Programs:
327 National Board-Certified Teachers 246,300
328
Item
13 To State Board of Education - Fine Arts Outreach329 From Education Fund
250,000
330 Schedule of Programs:
331 Provisional Program 250,000
332
Item
14 To State Board of Education - Initiative Programs333 From Education Fund
6,800,000
334 From Education Fund, One-time
5,408,100
335 From Beginning Nonlapsing Balances
2,988,400
336 Schedule of Programs:
337 Computer Science Initiatives 5,000,000
338 Contracts and Grants 3,300,000
339 Early Warning Pilot Program 125,000
340 Electronic Elementary Reading Tool 1,500,000
341 ProStart Culinary Arts Program 300,000
342 School Turnaround and Leadership Development Act (4,028,500)
343 UPSTART 9,000,000
344
Item
15 To State Board of Education - MSP Categorical Program Administration345 From Education Fund
1,065,000
346 Schedule of Programs:
347 Early Learning Training and Assessment 1,065,000
348
Item
16 To State Board of Education - Science Outreach349 From Education Fund
475,000
350 Schedule of Programs:
351 Informal Science Education Enhancement 475,000
352
Item
17 To State Board of Education - State Administrative Office353 From General Fund
100
354 From Education Fund
(3,448,300)
355 From Education Fund, One-time
29,100
356 From Federal Funds, One-time
37,178,400
357 From General Fund Restricted - Mineral Lease
1,900
358 From Revenue Transfers
28,900
359 From Uniform School Fund Restricted - Trust Distribution Account
170,000
360 From Uniform School Fund Restricted - Trust Distribution Account,
361 One-time
105,000
362 From Beginning Nonlapsing Balances
(1,625,500)
363 From Closing Nonlapsing Balances
1,376,900
364 Schedule of Programs:
365 Board and Administration 37,193,900
366 Financial Operations 112,300
367 Indirect Cost Pool 196,000
368 School Trust 275,000
369 Special Education (50,000)
370 Statewide Online Education Program (4,610,700)
371 Student Support Services 700,000
372 The Legislature intends that the State Board of Education:
373 (1) report to the Public Education Appropriations Subcommittee, on or before
374 September 30, 2021, regarding how school-level data included in the Annual Financial Reports
375 (AFRs) and Annual Program Reports (APRs) will be reported in a public-facing format; and
376 (b) (i) develop a fee for service schedule for certifying the special education programs
377 of residential treatment centers; and
378 (ii) report the schedule to the Public Education Appropriations Subcommittee on or
379 before October 1, 2021.
380
Item
18 To State Board of Education - General System Support381 From Education Fund
78,500
382 From Education Fund, One-time
7,864,900
383 Schedule of Programs:
384 Teaching and Learning 926,500
385 Assessment and Accountability 7,016,900
386 (1) The Legislature intends that the Utah State Board of Education use any revenue or
387 nonlapsing balances generated from the licensing of Readiness Improvement Success
388 Empowerment (RISE) questions to develop additional assessment questions for all state
389 assessments, provide professional learning for Utah educators, and for risk mitigation
390 expenditures.
391 (2) The Legislature intends that, of the appropriations provided to State Board of
392 Education - Teaching and Learning, $225,000 be used to implement the provisions of
393 American Indian and Alaskan Native Education, S.B. 124, Chapter 269, Laws of Utah 2020,
394 General Session.
395 (3) The Legislature intends that, of the appropriations provided by this item, $800,000
396 one-time be used to implement the provisions of Concurrent Enrollment Certificate Pilot
397 Program, H.B. 336, Chapter 321, Laws of Utah 2020, General Session.
398 (4) The Legislature intends that, of the appropriations provided by this item,
399 $7,016,900 be used:
400 (a) in fiscal years 2022, 2023, and 2024; and
401 (b) to contract for professional learning related to improving student achievement.
402
Item
19 To State Board of Education - State Charter School Board403 From Education Fund
1,600
404 Schedule of Programs:
405 State Charter School Board 1,600
406
Item
20 To State Board of Education - Utah Schools for the Deaf and the Blind407 From Education Fund
300
408 From Education Fund, One-time
1,825,000
409 From Revenue Transfers
100
410 Schedule of Programs:
411 Support Services 400
412 Administration 1,325,000
413 Utah State Instructional Materials Access Center 500,000
414 The Legislature intends that the Utah Schools for the Deaf and the Blind charge a fee to
415 out-of-state schools for instructional materials produced by the Utah State Instructional
416 Materials Access Center (USIMAC) to cover actual costs of reprinting and shipping per
417 volume. The estimated fee amount is $150 per braille volume and $15 shipping.
418
Item
21 To State Board of Education - Statewide Online Education419 From Education Fund
4,390,100
420 From Education Fund, One-time
4,800,900
421 From Revenue Transfers
(28,900)
422 From Beginning Nonlapsing Balances
1,625,500
423 From Closing Nonlapsing Balances
(1,376,900)
424 Schedule of Programs:
425 Statewide Online Education 9,410,700
426 The Legislature intends that the State Board of Education use one-time funding
427 appropriated to the Statewide Online Education Program to meet the following priorities:
428 (1) fully fund requests for enrollment from homeschool students; and
429 (2) use remaining funding to support enrollment requests from students accessing the
430 program through a private school.
431
State Board of Education
432
Item
22 To School and Institutional Trust Fund Office433 From School and Institutional Trust Fund Management Account
1,865,300
434 Schedule of Programs:
435 School and Institutional Trust Fund Office 1,865,300
436 Section 10. Effective date.
437 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
438 elected to each house, this bill takes effect upon approval by the governor, or the day following
439 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
440 signature, or in the case of a veto, the date of veto override.
441 (2) The following sections of this bill take effect on July 1, 2021:
442 (a) Section 53E-5-302;
443 (b) Section 53F-2-209;
444 (c) Section 53F-2-304;
445 (d) Section 53F-2-418;
446 (e) Section 53F-2-706;
447 (f) Section 53G-5-202;
448 (g) Section 7, Repealer;
449 (h) Section 9, Fiscal Year 2022 Appropriation; and
450 (i) Subsection 9(a), Operating and Capital Budgets.