1     
INTENSIVE SERVICES PILOT PROGRAM

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marsha Judkins

5     
Senate Sponsor: Jerry W. Stevenson

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Intensive Services Special Education Pilot Program to provide
10     funding to local education agencies to supplement the cost of educating a student with
11     intensive special education needs.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates the Intensive Services Special Education Pilot Program (program) to provide
15     funding to local education agencies to supplement the cost of educating a student
16     who:
17               •     has an Individualized Education Plan (IEP); and
18               •     for whom the cost of the special education services described in the student's
19     IEP exceeds three times the statewide average per-pupil expenditures;
20          ▸     requires the State Board of Education to make rules establishing a distribution
21     formula to allocate money appropriated under the program; and
22          ▸     provides a sunset date.
23     Money Appropriated in this Bill:
24          This bill appropriates in Fiscal Year 2022:
25          ▸     to the State Board of Education - Minimum School Program - Related to Basic
26     School Program - Special Education - Intensive Services as a one-time
27     appropriation:
28               •     from the Education Fund, $1,000,000.

29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          63I-1-253, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242,
34     269, 335, and 354
35     ENACTS:
36          53F-2-418, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53F-2-418 is enacted to read:
40          53F-2-418. Intensive Services Special Education Pilot Program.
41          (1) As used in this section:
42          (a) "Eligible student" means a student:
43          (i) who has an IEP; and
44          (ii) for whom the cost of special education services described in the student's IEP
45     exceeds three times the statewide average per-pupil expenditures.
46          (b) "Intensive Services Special Education Pilot Program" or "program" means the
47     three-year pilot program created in Subsection (2).
48          (c) "Special education services" means the same as that term is defined in Section
49     53E-7-201.
50          (2) There is created a three-year pilot program known as the Intensive Services Special
51     Education Pilot Program to, subject to appropriations from the Legislature, provide funding to
52     an LEA to supplement the other funding for educating an eligible student.
53          (3) An LEA shall use a distribution under this section to fund special education
54     services for an eligible student.
55          (4) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative

56     Rulemaking Act, make rules establishing a distribution formula to allocate money appropriated
57     to the state board under this section to LEAs for the program.
58          Section 2. Section 63I-1-253 is amended to read:
59          63I-1-253. Repeal dates, Titles 53 through 53G.
60          (1) Section 53-2a-105, which creates the Emergency Management Administration
61     Council, is repealed July 1, 2021.
62          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
63     Board, are repealed July 1, 2022.
64          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
65     July 1, 2023.
66          (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
67     repealed July 1, 2027.
68          (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
69     repealed July 1, 2027.
70          (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
71     repealed July 1, 2024.
72          (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
73          (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
74     repealed January 1, 2025.
75          (9) Section 53B-18-1501 is repealed July 1, 2021.
76          (10) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
77          (11) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
78     1, 2025.
79          (12) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
80     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
81     hydrologic studies in the West Desert, is repealed July 1, 2030.
82          (13) Section 53E-3-515 is repealed January 1, 2023.

83          (14) In relation to a standards review committee, on January 1, 2023:
84          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
85     recommendations of a standards review committee established under Section 53E-4-203" is
86     repealed; and
87          (b) Section 53E-4-203 is repealed.
88          (15) Subsections 53E-3-503(5) and (6), which create coordinating councils for youth in
89     custody, are repealed July 1, 2027.
90          (16) Section 53E-4-402, which creates the State Instructional Materials Commission, is
91     repealed July 1, 2022.
92          (17) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission, is
93     repealed July 1, 2023.
94          (18) Subsection 53E-8-204(4), which creates the advisory council for the Utah Schools
95     for the Deaf and the Blind, is repealed July 1, 2021.
96          [(19) Section 53F-2-514 is repealed July 1, 2020.]
97          (19) Section 53F-2-418, which creates the Intensive Services Special Education Pilot
98     Program, is repealed July 1, 2024.
99          (20) Section 53F-5-203 is repealed July 1, 2024.
100          (21) Section 53F-5-212 is repealed July 1, 2024.
101          (22) Section 53F-5-213 is repealed July 1, 2023.
102          (23) Section 53F-5-214, in relation to a grant for professional learning, is repealed July
103     1, 2025.
104          (24) Section 53F-5-215, in relation to an elementary teacher preparation grant is
105     repealed July 1, 2025.
106          (25) Subsection 53F-9-203(7), which creates the Charter School Revolving Account
107     Committee, is repealed July 1, 2024.
108          (26) Section 53F-9-501 is repealed January 1, 2023.
109          (27) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety

110     Commission, are repealed January 1, 2025.
111          (28) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
112     misdemeanor, is repealed July 1, 2022.
113          Section 3. Appropriation.
114          The following sums of money are appropriated for the fiscal year beginning July 1,
115     2021 and ending June 30, 2022. These are additions to amounts previously appropriated for
116     fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
117     Act, the Legislature appropriates the following sums of money from the funds or accounts
118     indicated for the use and support of the government of the state of Utah.
119     ITEM 1
120          To State Board of Education - Minimum School Program - Related to Basic School
121     Program
122               From Education Fund, One-time
$1,000,000

123               Schedule of Programs:
124                    Special Education - Intensive Services          $1,000,000
125          The Legislature intends that the State Board of Education use money appropriated
126     under this item for the Intensive Services Special Education Pilot Program described in Section
127     53F-2-418 in fiscal years 2022, 2023, and 2024.