7 LONG TITLE
8 General Description:
9 This bill makes changes to provisions related to funding for students with disabilities.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires the State Board of Education (state board) to:
13 • annually review standards and guidelines related to establishing disability
14 classifications; and
15 • ensure the standards and guidelines provide school districts and charter schools
16 flexibility to respond to the needs of students with disabilities;
17 ▸ permits disability program money to be used for facilities construction and
18 alteration under certain circumstances;
19 ▸ amends a formula related to add-on weighted pupil units for students with
21 ▸ defines terms; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 53F-2-307, as last amended by Laws of Utah 2020, Chapter 408
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53F-2-307 is amended to read:
33 53F-2-307. Weighted pupil units for programs for students with disabilities --
34 Local school board allocation.
35 (1) As used in this section:
36 (a) "Necessary cost" means a cost that is needed to provide special education and
37 related services to students with disabilities.
38 (b) "Reasonable cost" means a cost that, in nature and amount, does not exceed an
39 amount that a prudent person would incur under the circumstances prevailing at the time the
40 decision was made to incur the cost.
42 the direct cost of programs for those students conducted in accordance with rules established by
43 the state board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
45 restricted and shall be spent for the education of students with disabilities [
47 (4) Notwithstanding Subsection (3), disability program money allocated to school
48 districts or charter schools may be expended for:
49 (a) approved programs of services conducted for certified instructional personnel who
50 have students with disabilities in their classes[
51 (b) constructing facilities or altering existing facilities if:
52 (i) the costs are necessary costs and reasonable costs;
53 (ii) the costs are not for the general purpose of bringing facilities into compliance with:
54 (A) Section 504 of the Rehabilitation Act of 1973; or
55 (B) the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.;
56 (iii) the construction or alteration meets the needs of one or more students with
57 disabilities; and
58 (iv) the state board approves the expenditure in accordance with rules the state board
59 makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
61 standards for determining which students have disabilities and shall assist school districts and
62 charter schools in determining the services that should be provided to students with disabilities.
64 (6) The state board shall annually evaluate, and amend as needed, the standards and
65 guidelines that establish the identifying criteria for disability classifications to [
67 districts and charter schools:
68 (a) comply with the standards and guidelines; and
69 (b) have flexibility to respond to the needs of students with disabilities.
71 disabilities enrolled in regular programs shall be allocated to school districts and charter
72 schools as provided in this Subsection [
73 (b) The state board shall use a school district's or charter school's average number of
74 special education add-on weighted pupil units determined by [
75 year's average daily membership plus growth and the preceding four years' average daily
76 membership data as a foundation for the special education add-on appropriation.
77 (c) The growth factor described in Subsection (7)(b) is the percentage change in total
78 enrollment of kindergarten through grade 12 students on the first school day of October in the
79 current school year as compared to the total enrollment of kindergarten through grade 12
80 students on the first school day of October in the previous school year.
82 current year may not be less than the foundation special education add-on WPUs described in
83 Subsection (7)(b).
85 WPUs, and growth WPUs shall be determined as follows:
86 (i) The special education student growth factor is calculated by comparing [
87 special education [
88 current year to the [
89 years previous to the current year[
91 (ii) When calculating and applying the growth factor, a school district's [
92 special education ADM for a given year is limited to [
93 school district's [
94 (A) for a school district in a county of the first, second, or third class, 14%; and
95 (B) for a school district in a county of the fourth, fifth, or sixth class, 20%.
96 (iii) Growth ADMs are calculated by applying the growth factor to the [
97 special education [
98 current year.
99 (iv) Growth ADMs for each school district or each charter school are multiplied by
101 WPU to determine each school district's or each charter school's total allocation[
102 (A) for fiscal year 2023, 1.35 weighted pupil units;
103 (B) for fiscal year 2024, 1.15 weighted pupil units; and
104 (C) beginning in fiscal year 2025, and every fiscal year thereafter, 1.00 weighted pupil
107 disabilities does not meet the costs of school districts and charter schools for those programs,
108 each school district and each charter school shall first receive the amount generated for each
109 student with a disability under the basic program.