This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 1, 2022 at 11:29 AM by lpoole.
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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, 2021, and ending
11 June 30, 2022, and appropriates funds for the fiscal year beginning July 1, 2022, and
12 ending June 30, 2023.
13 Highlighted Provisions:
14 This bill:
15 ▸ provides appropriations for the use and support of school districts, charter schools,
16 and state education agencies;
17 ▸ sets the value of the weighted pupil unit (WPU) at $4,038 for fiscal year 2023;
18 ▸ directs the State Board of Education on how to execute certain funding programs;
19 ▸ provides teacher bonuses for certain teachers who accepted extra work assignments;
20 ▸ permits the state board to use certain nonlapsing balances to provide grants for
21 scholarships for certain school employees to become school-based mental health
22 workers;
23 ▸ changes the state contribution for transportation costs for school districts;
24 ▸ changes the calculation of WPUs for foreign exchange students;
25 ▸ amends the calculation of hold-harmless allocations to local education agencies for
26 At-Risk WPUs;
27 ▸ amends the growth formula for concurrent enrollment;
28 ▸ provides appropriations for other purposes as described;
29 ▸ transfers funding from the Uniform School Fund to various restricted funds and
30 accounts;
31 ▸ reorganizes operating programs among line items at the State Board of Education;
32 ▸ provides appropriations for other purposes as described;
33 ▸ makes technical and conforming changes; and
34 ▸ approves intent language.
35 Money Appropriated in this Bill:
36 This bill appropriates $496,787,400 in operating and capital budgets for fiscal year
37 2022, including:
38 ▸ ($21,293,200) from the Uniform School Fund;
39 ▸ ($807,600) from the Education Fund; and
40 ▸ $518,888,200 from various sources as detailed in this bill.
41 This bill appropriates $21,293,200 in restricted fund and account transfers for fiscal
42 year 2022, from the Uniform School Fund.
43 This bill appropriates $712,092,400 in operating and capital budgets for fiscal year
44 2023, including:
45 ▸ $126,973,600 from the Uniform School Fund;
46 ▸ $25,440,500 from the Education Fund; and
47 ▸ $559,678,300 from various sources as detailed in this bill.
48 This bill appropriates $8,733,200 in restricted fund and account transfers for fiscal year
49 2023, from the Education Fund.
50 Other Special Clauses:
51 This bill provides a special effective date.
52 This bill provides a coordination clause.
53 Utah Code Sections Affected:
54 AMENDS:
55 53F-2-301.5, as last amended by Laws of Utah 2021, Chapter 6
56 53F-2-303, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 14
57 53F-2-314, as enacted by Laws of Utah 2021, Chapter 319
58 53F-2-402, as last amended by Laws of Utah 2019, Chapter 186
59 53F-2-409, as last amended by Laws of Utah 2020, Chapters 220, 365, 378, and 408
60 53F-2-415, as last amended by Laws of Utah 2020, Chapters 202 and 408
61 63I-2-253, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
62 ENACTS:
63 53F-2-524, Utah Code Annotated 1953
64 Utah Code Sections Affected by Coordination Clause:
65 53F-2-301.5, as last amended by Laws of Utah 2021, Chapter 6
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 53F-2-301.5 is amended to read:
69 53F-2-301.5. Minimum basic tax rate for a fiscal year that begins on July 1, 2018,
70 2019, 2020, 2021, or 2022.
71 (1) The provisions of this section are in effect for a fiscal year that begins before July 1,
72 2023.
73 (2) As used in this section:
74 (a) "Basic levy increment rate" means a tax rate that will generate an amount of
75 revenue equal to $75,000,000.
76 (b) "Combined basic rate" means a rate that is the sum of:
77 (i) the rate floor; and
78 (ii) the WPU value rate.
79 (c) "Commission" means the State Tax Commission.
80 (d) "Equity pupil tax rate" means the tax rate that is:
81 (i) calculated by subtracting the minimum basic tax rate from the rate floor; or
82 (ii) zero, if the rate calculated in accordance with Subsection (2)(d)(i) is zero or less.
83 (e) "Minimum basic local amount" means an amount that is:
84 (i) equal to the sum of:
85 (A) the school districts' contribution to the basic school program the previous fiscal
86 year;
87 (B) the amount generated by the basic levy increment rate; and
88 (C) the eligible new growth, as defined in Section 59-2-924 and rules of the State Tax
89 Commission multiplied by the minimum basic tax rate; and
90 (ii) set annually by the Legislature in Subsection (3)(a).
91 (f) "Minimum basic tax rate" means a tax rate certified by the commission that will
92 generate an amount of revenue equal to the minimum basic local amount described in
93 Subsection (3)(a).
94 (g) "Rate floor" means a rate that is the greater of:
95 (i) a .0016 tax rate; or
96 (ii) the minimum basic tax rate.
97 (h) "Weighted pupil unit value" or "WPU value" means the amount established each
98 year in the enacted public education budget that is multiplied by the number of weighted pupil
99 units to yield the funding level for the basic school program.
100 (i) "WPU value amount" means an amount that is:
101 (i) equal to the product of:
102 (A) the WPU value increase limit; and
103 (B) the percentage share of local revenue to the cost of the basic school program in the
104 prior fiscal year; and
105 (ii) set annually by the Legislature in Subsection (4)(a).
106 (j) "WPU value increase limit" means the lesser of:
107 (i) the total cost to the basic school program to increase the WPU value over the WPU
108 value in the prior fiscal year; or
109 (ii) the total cost to the basic school program to increase the WPU value by 4% over
110 the WPU value in the prior fiscal year.
111 (k) "WPU value rate" means a tax rate certified by the commission that will generate
112 an amount of revenue equal to the WPU value amount described in Subsection (4)(a).
113 (3) (a) The minimum basic local amount for the fiscal year that begins on July 1,
114 [
115 (b) The preliminary estimate for the minimum basic tax rate for the fiscal year that
116 begins on July 1, [
117 (4) (a) The WPU value amount for the fiscal year that begins on July 1, [
118
119 (b) The preliminary estimate for the WPU value rate for the fiscal year that begins on
120 July 1, [
121 (5) (a) On or before June 22, the commission shall certify for the year:
122 (i) the minimum basic tax rate; and
123 (ii) the WPU value rate.
124 (b) The estimate of the minimum basic tax rate provided in Subsection (3)(b) and the
125 estimate of the WPU value rate provided in Subsection (4)(b) is based on a forecast for
126 property values for the next calendar year.
127 (c) The certified minimum basic tax rate described in Subsection (5)(a)(i) and the
128 certified WPU value rate described in Subsection (5)(a)(ii) are based on property values as of
129 January 1 of the current calendar year, except personal property, which is based on values from
130 the previous calendar year.
131 (6) (a) To qualify for receipt of the state contribution toward the basic school program
132 and as a school district's contribution toward the cost of the basic school program for the school
133 district, a local school board shall impose the combined basic rate.
134 (b) (i) The state is not subject to the notice requirements of Section 59-2-926 before
135 imposing the tax rates described in this Subsection (6).
136 (ii) The state is subject to the notice requirements of Section 59-2-926 if the state
137 authorizes a tax rate that exceeds the tax rates described in this Subsection (6).
138 (7) (a) The state shall contribute to each school district toward the cost of the basic
139 school program in the school district an amount of money that is the difference between the
140 cost of the school district's basic school program and the sum of the revenue generated by the
141 school district by the following:
142 (i) the minimum basic tax rate;
143 (ii) the basic levy increment rate;
144 (iii) the equity pupil tax rate; and
145 (iv) the WPU value rate.
146 (b) (i) If the difference described in Subsection (7)(a) equals or exceeds the cost of the
147 basic school program in a school district, no state contribution shall be made to the basic
148 school program for the school district.
149 (ii) The proceeds of the difference described in Subsection (7)(a) that exceed the cost
150 of the basic school program shall be paid into the Uniform School Fund as provided by law and
151 by the close of the fiscal year in which the proceeds were calculated.
152 (8) Upon appropriation by the Legislature, the Division of Finance shall deposit an
153 amount equal to the proceeds generated statewide:
154 (a) by the basic levy increment rate into the Minimum Basic Growth Account created
155 in Section 53F-9-302;
156 (b) by the equity pupil tax rate into the Local Levy Growth Account created in Section
157 53F-9-305; and
158 (c) by the WPU value rate into the Teacher and Student Success Account created in
159 Section 53F-9-306.
160 Section 2. Section 53F-2-303 is amended to read:
161 53F-2-303. Foreign exchange student weighted pupil units.
162 (1) A school district or charter school may include foreign exchange students in the
163 district's or school's membership and attendance count for the purpose of apportionment of
164 state money, except as provided in Subsections (2) through (5).
165 (2) (a) Notwithstanding Section 53F-2-302, foreign exchange students may not be
166 included in average daily membership for the purpose of determining the number of weighted
167 pupil units in the grades 1-12 basic program.
168 (b) Subject to the limitation in Subsection (3), and except as provided in Subsection
169 (5), the number of weighted pupil units in the grades 1-12 basic program attributed to foreign
170 exchange students shall be equal to the number of foreign exchange students who were:
171 (i) enrolled in a school district or charter school on October 1 of the previous fiscal
172 year; and
173 (ii) sponsored by an agency approved by the district's local school board or charter
174 school's governing board.
175 (3) (a) Except as provided in Subsection (5), the total number of foreign exchange
176 students in the state that may be counted for the purpose of apportioning state money under
177 Subsection (2) shall be the [
178 (i) [
179 12 in public schools in the state on October 1 of the previous fiscal year; or
180 (ii) 328 foreign exchange students.
181 (b) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
182 Administrative Rulemaking Act, to administer the cap on the number of foreign exchange
183 students that may be counted for the purpose of apportioning state money under Subsection (2).
184 (4) Notwithstanding Section 53F-2-601, weighted pupil units in the grades 1-12 basic
185 program for foreign exchange students, as determined by Subsections (2) and (3), may not be
186 included for the purposes of determining a school district's state guarantee money under
187 Section 53F-2-601.
188 (5) This section does not apply to the 2020-2021 academic year.
189 Section 3. Section 53F-2-314 is amended to read:
190 53F-2-314. Weighted pupil units for students who are at-risk.
191 (1) As used in this section:
192 (a) "At risk" means that a public education student:
193 (i) scores below proficient on a state board or LEA approved assessment; or
194 (ii) meets an LEA governing board's approved definition of an at-risk student.
195 (b) "Limited English proficiency" means that an English learner student received a
196 score of 1-4 on an English language proficiency assessment.
197 (2) (a) Additional weighted pupil units for students who are at-risk are computed based
198 on the number of students within each LEA on October 1 of the previous school year as
199 follows, added to a base of five WPUs for each LEA:
200 (i) for the fiscal year beginning on July 1, 2021:
201 (A) for each student who is eligible to receive free or reduced price lunch, .05
202 additional weighted pupil units; and
203 (B) for each student with limited English proficiency, .025 additional weighted pupil
204 units; and
205 (ii) for each fiscal year after the fiscal year described in Subsection (2)(a)(i), the
206 additional weighed pupil units shall increase, subject to the approval of the Executive
207 Appropriations Committee, by amounts that the Public Education Appropriations
208 Subcommittee recommends in the subcommittee's evaluation and recommendations described
209 in Section 53E-1-202.2, up to:
210 (A) for each student who is eligible to receive free or reduced price lunch, .3 total
211 weighted pupil units; and
212 (B) for each student with limited English proficiency, up to .1 total weighted pupil
213 units.
214 (b) Funding for a student who falls within both Subsections (2)(a)(i)(A) and (B) shall
215 be computed under both weighting factors.
216 (3) An LEA governing board shall use money distributed under this section to improve
217 the academic achievement of students who are at-risk.
218 (4) For a year in which an allocation to an LEA under this section is less than the
219 allocation to the LEA under the Enhancement for At-Risk Students Program in the 2021 fiscal
220 year, the Executive Appropriations Committee shall include a one-time appropriation in the
221 public education budget to supplement the difference between the two amounts, less any
222 amount of state guarantee money that an LEA receives under Subsection 53F-2-601(2)(a), from
223 weighted pupil units generated in Subsection (2).
224 (5) (a) Annually, an LEA shall provide the following information to the state board:
225 (i) a report of the LEA's use of funds allocated under this section through the annual
226 financial reporting process; and
227 (ii) the LEA's outcome data or a report of intervention effectiveness related to the use
228 of the LEA's use of funds allocated under this section.
229 (b) The state board shall monitor the learning outcomes resulting from the LEA's use of
230 funds under this section.
231 Section 4. Section 53F-2-402 is amended to read:
232 53F-2-402. State support of pupil transportation.
233 (1) Money appropriated to the state board for state-supported transportation of public
234 school students shall be apportioned and distributed in accordance with Section 53F-2-403,
235 except as otherwise provided in this section.
236 (2) (a) The Utah Schools for the Deaf and the Blind shall use an allocation of pupil
237 transportation money to pay for transportation of students based on current valid contractual
238 arrangements and best transportation options and methods as determined by the schools.
239 (b) All student transportation costs of the schools shall be paid from the allocation of
240 pupil transportation money specified in statute.
241 (3) (a) A local school board may only claim eligible transportation costs as legally
242 reported on the prior year's annual financial report submitted under Section 53G-4-404.
243 (b) The state shall contribute up to 85% of approved transportation costs for each
244 school district, subject to budget constraints.
245 (c) If in a fiscal year the total transportation allowance for all school districts exceeds
246 the amount appropriated for that purpose, all allowances shall be reduced pro rata to equal not
247 more than the amount appropriated.
248 Section 5. Section 53F-2-409 is amended to read:
249 53F-2-409. Concurrent enrollment funding.
250 (1) The terms defined in Section 53E-10-301 apply to this section.
251 (2) The state board shall allocate money appropriated for concurrent enrollment in
252 accordance with this section.
253 (3) (a) The state board shall allocate money appropriated for concurrent enrollment in
254 proportion to the number of credit hours earned for courses taken for which:
255 (i) an LEA primarily bears the cost of instruction; and
256 (ii) an institution of higher education primarily bears the cost of instruction.
257 (b) From the money allocated under Subsection (3)(a)(i), the state board shall
258 distribute:
259 (i) 60% of the money to LEAs; and
260 (ii) 40% of the money to the Utah Board of Higher Education.
261 (c) From the money allocated under Subsection (3)(a), the state board shall distribute:
262 (i) 40% of the money to LEAs; and
263 (ii) 60% of the money to the Utah Board of Higher Education.
264 (d) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah
265 Administrative Rulemaking Act, providing for the distribution of the money to LEAs under
266 Subsections (3)(b)(i) and (3)(c)(i).
267 (e) The Utah Board of Higher Education shall make rules, in accordance with Title
268 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the
269 money allocated to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
270 (4) Subject to budget constraints, the Legislature shall annually [
271 the amount of money appropriated for concurrent enrollment in proportion to the percentage
272 increase or decrease over the previous school year in:
273 [
274 (a) the number of statewide course credits earned; and
275 (b) the value of the weighted pupil unit.
276 (5) (a) An LEA that receives money under this section may prioritize using the money
277 to increase access to concurrent enrollment for groups of students who are underrepresented in
278 concurrent enrollment.
279 (b) If an LEA receives an allocation of less than $10,000 under this section, the LEA
280 may use the allocation as described in Section 53F-2-206.
281 Section 6. Section 53F-2-415 is amended to read:
282 53F-2-415. Student health and counseling support -- Qualifying personnel --
283 Distribution formula -- Rulemaking.
284 (1) As used in this section:
285 (a) "Qualifying personnel" means a school counselor or other counselor, school
286 psychologist or other psychologist, school social worker or other social worker, or school nurse
287 who:
288 (i) is licensed; and
289 (ii) collaborates with educators and a student's parent on:
290 (A) early identification and intervention of the student's academic and mental health
291 needs; and
292 (B) removing barriers to learning and developing skills and behaviors critical for the
293 student's academic achievement.
294 (b) "Telehealth services" means the same as that term is defined in Section 26-60-102.
295 (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
296 the state board shall distribute money appropriated under this section to LEAs to provide in a
297 school targeted school-based mental health support, including clinical services and
298 trauma-informed care, through:
299 (i) employing qualifying personnel; or
300 (ii) entering into contracts for services provided by qualifying personnel, including
301 telehealth services.
302 (b) (i) The state board shall, after consulting with LEA governing boards, develop a
303 formula to distribute money appropriated under this section to LEAs.
304 (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
305 incentivizes an LEA to provide school-based mental health support in collaboration with the
306 local mental health authority of the county in which the LEA is located.
307 (3) To qualify for money under this section, an LEA shall submit to the state board a
308 plan that includes:
309 (a) measurable goals approved by the LEA governing board on improving student
310 safety, student engagement, school culture, or academic achievement;
311 (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
312 use of the money;
313 (c) how the LEA is meeting the requirements related to parent education described in
314 Section 53G-9-703; and
315 (d) whether the LEA intends to provide school-based mental health support in
316 collaboration with the local mental health authority of the county in which the LEA is located.
317 (4) The state board shall distribute money appropriated under this section to an LEA
318 that qualifies under Subsection (3):
319 (a) based on the formula described in Subsection (2)(b); and
320 (b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
321 money that the LEA equally matches using local money, unrestricted state money, or money
322 distributed to the LEA under Section 53G-7-1303.
323 (5) An LEA may not use money distributed by the state board under this section to
324 supplant federal, state, or local money previously allocated to:
325 (a) employ qualifying personnel; or
326 (b) enter into contracts for services provided by qualified personnel, including
327 telehealth services.
328 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
329 state board shall make rules that establish:
330 (a) procedures for submitting a plan for and distributing money under this section;
331 (b) the formula the state board will use to distribute money to LEAs described in
332 Subsection (2)(b); and
333 (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
334 receives money under this section.
335 (7) An LEA that receives money under this section shall submit an annual report to the
336 state board, including:
337 (a) progress toward achieving the goals submitted under Subsection (3)(a);
338 (b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
339 discontinuing the position; and
340 (c) how the LEA, in providing school-based mental health support, complies with the
341 provisions of Section 53E-9-203.
342 (8) Beginning on or before July 1, 2019, the state board shall provide training that
343 instructs school personnel on the impact of childhood trauma on student learning, including
344 information advising educators against practicing medicine, giving a diagnosis, or providing
345 treatment.
346 (9) The state board may use up to:
347 (a) 2% of an appropriation under this section for costs related to the administration of
348 the provisions of this section[
349 (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
350 in this section to provide scholarships for up to four years to certain LEA employees, as defined
351 by the state board, for education and training to become a school social worker, a school
352 psychologist, or other school-based mental health worker.
353 (10) Notwithstanding the provisions of this section, money appropriated under this
354 section may be used, as determined by the state board, for:
355 (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
356 (b) youth suicide prevention programs described in Section 53G-9-702.
357 Section 7. Section 53F-2-524 is enacted to read:
358 53F-2-524. Teacher bonuses for extra assignments.
359 (1) Subject to legislative appropriations for this purpose, the state board shall provide
360 grants to LEAs to compensate a teacher who accepted an additional work assignment to
361 substitute for another teacher between December 2021, and May 2022.
362 (2) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
363 Administrative Rulemaking Act, to establish for the grant described in this Subsection (2):
364 (a) eligibility criteria for a teacher to qualify for a grant up to $100 per additional work
365 assignment;
366 (b) an application process; and
367 (c) a distribution formula.
368 Section 8. Section 63I-2-253 is amended to read:
369 63I-2-253. Repeal dates -- Titles 53 through 53G.
370 (1) Section 53-1-106.1 is repealed January 1, 2022.
371 (2) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
372 emergency, is repealed on December 31, 2021.
373 (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
374 Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
375 necessary changes to subsection numbering and cross references.
376 (3) Section 53-2a-219, in relation to termination of emergency powers pertaining to
377 COVID-19, is repealed on July 1, 2021.
378 (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
379 technical college board of trustees, is repealed July 1, 2022.
380 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
381 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
382 necessary changes to subsection numbering and cross references.
383 (5) Section 53B-6-105.7 is repealed July 1, 2024.
384 (6) (a) Subsection 53B-7-705(6)(b)(iii)(A), the language that states "Except as
385 provided in Subsection (6)(b)(iii)(B)," is repealed July 1, 2021.
386 (b) Subsection 53B-7-705(6)(b)(iii)(B), regarding comparing a technical college's
387 change in performance with the technical college's average performance, is repealed July 1,
388 2021.
389 (7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as provided in
390 Subsection (3)(b)," is repealed July 1, 2021.
391 (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
392 during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
393 (8) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
394 July 1, 2023.
395 (9) Section 53B-8-114 is repealed July 1, 2024.
396 (10) The following sections, regarding the Regents' scholarship program, are repealed
397 on July 1, 2023:
398 (a) Section 53B-8-202;
399 (b) Section 53B-8-203;
400 (c) Section 53B-8-204; and
401 (d) Section 53B-8-205.
402 (11) Section 53B-10-101 is repealed on July 1, 2027.
403 (12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
404 repealed July 1, 2023.
405 (13) Section 53E-1-202.2, regarding a Public Education Appropriations Subcommittee
406 evaluation and recommendations, is repealed January 1, 2024.
407 (14) Section 53E-3-520 is repealed July 1, 2021.
408 (15) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed July 1,
409 2024.
410 (16) In Subsections 53F-2-205(4) and (5), regarding the State Board of Education's
411 duties if contributions from the minimum basic tax rate are overestimated or underestimated,
412 the language that states "or 53F-2-301.5, as applicable" is repealed July 1, 2023.
413 (17) Section 53F-2-209, regarding local education agency budgetary flexibility, is
414 repealed July 1, 2024.
415 (18) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
416 repealed July 1, 2023.
417 (19) Section 53F-2-302.1, regarding the Enrollment Growth Contingency Program, is
418 repealed July 1, 2023.
419 (20) Subsection 53F-2-314(4), relating to a one-time expenditure between the at-risk
420 WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
421 (21) Section 53F-2-418, regarding the Supplemental Educator COVID-19 Stipend, is
422 repealed January 1, 2022.
423 (22) Section 53F-2-524, regarding teacher bonuses for extra work assignments, is
424 repealed July 1, 2024.
425 [
426 applicable" is repealed July 1, 2023.
427 [
428 [
429 enrollment in kindergarten, is repealed July 1, 2022.
430 [
431 in Subsection (4)(d)" is repealed July 1, 2022.
432 [
433 [
434 applicable" is repealed July 1, 2023.
435 [
436 applicable" is repealed July 1, 2023.
437 [
438 applicable" is repealed July 1, 2023.
439 [
440 as applicable" is repealed July 1, 2023.
441 [
442 related to the civics engagement pilot program, are repealed on July 1, 2023.
443 [
444 Legislative Research and General Counsel shall, in addition to the office's authority under
445 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
446 identified in this section are complete sentences and accurately reflect the office's perception of
447 the Legislature's intent.
448 Section 9. Fiscal Year 2022 Appropriations.
449 The following sums of money are appropriated for the fiscal year beginning July 1,
450 2021, and ending on June 30, 2022. These are additions to amounts otherwise appropriated for
451 fiscal year 2022.
452 Subsection 9(a). Operating and Capital Budgets.
453 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
454 Legislature appropriates the following sums of money from the funds or accounts indicated for
455 the use and support of the government of the state of Utah.
456
Public Education
457
State Board of Education - Minimum School Program
458
ITEM
1459 To State Board of Education - Minimum School Program - Related to Basic School
460 Programs
461 From Uniform School Fund, One-Time
(21,293,200)
462 From Federal Funds - American Ŝ→ [
463 Act
10,000,000
464 From Closing Nonlapsing Balances
21,293,200
465 Schedule of Programs:
466 Teacher Bonuses for Extra Assignments 10,000,000
467 The Legislature intends that funds appropriated by this item from the American Rescue
468 Plan Act of 2021 may only be expended or distributed for purposes that comply with the legal
469 requirements and federal guidelines under the American Rescue Plan Act of 2021.
470
State Board of Education
471
Item 2
472 To State Board of Education - Child Nutrition Programs
473 From Federal Funds, One-Time
140,628,300
474 Schedule of Programs:
475 Child Nutrition 140,628,300
476
Item 3
477 To State Board of Education - Child Nutrition - Federal Commodities
478 From Federal Funds, One-Time
11,112,100
479 Schedule of Programs:
480 Child Nutrition - Federal Commodities 11,112,100
481
Item 4
482 To State Board of Education - Contracted Initiatives and Grants
483 From Education Fund, One-Time
(14,500)
484 Schedule of Programs:
485 Special Needs Opportunity Scholarship
486 Administration (14,500)
487
Item 5
488 To State Board of Education - MSP Categorical Program Administration
489 From Education Fund, One-Time
(500,000)
490 Schedule of Programs:
491 Beverley Taylor Sorenson Elementary Arts
492 Learning Program (80,000)
493 Dual Immersion (80,000)
494 Youth-in-Custody (80,000)
495 Early Literacy Program (80,000)
496 CTE Online Assessments (80,000)
497 State Safety and Support Program (100,000)
498
Item 6
499 To State Board of Education - Policy, Communication, and Oversight
500 From Education Fund, One-Time
(293,100)
501 From Federal Funds, One-Time
329,135,200
502 From Transfer for COVID-19 Response, One-Time
210,900
503 Schedule of Programs:
504 Board and Administration 210,900
505 Financial Operations (293,100)
506 Special Education 81,047,400
507 Student Support Services 248,087,800
508 (1) The Legislature intends that funds appropriated under this item from the American
509 Rescue Plan Act of 2021 may only be expended or distributed for purposes that comply with
510 the legal requirements and federal guidelines under the American Rescue Plan Act of 2021.
511 (2) The Legislature intends that the agency administering these funds meet all
512 compliance and reporting requirements associated with these funds, as directed by the
513 Governor's Office of Planning and Budget.
514
Item 7
515 To State Board of Education - System Standards and Accountability
516 From Dedicated Credits Revenue, One-Time
3,375,000
517 Schedule of Programs:
518 Assessment and Accountability 3,375,000
519
Item 8
520 To State Board of Education - Utah Schools for the Deaf and the Blind
521 From Dedicated Credits Revenue, One-Time
3,133,500
522 Schedule of Programs:
523 Administration 3,133,500
524 Subsection 9(b). Restricted Fund and Account Transfers.
525 The Legislature authorizes the State Division of Finance to transfer the following
526 amounts between the following funds or accounts as indicated. Expenditures and outlays from
527 the funds to which the money is transferred must be authorized by an appropriation.
528
Public Education
529
Item 9
530 To Uniform School Fund Restricted - Public Education Economic Stabilization
531 Restricted Account
532 From Uniform School Fund, One-Time
21,293,200
533 Schedule of Programs:
534 Public Education Economic Stabilization
535 Restricted Account 21,293,200
536 Section 10. Fiscal Year 2023 Appropriations.
537 (1) The following sums of money are appropriated for the fiscal year beginning July 1,
538 2022, and ending June 30, 2023. These are additions to amounts otherwise appropriated for
539 fiscal year 2023.
540 (2) Notwithstanding H.B. 1, Public Education Base Budget Amendments, the value of
541 the weighted pupil unit for fiscal year 2023 is $4,038.
542 Subsection 10(a). Operating and Capital Budgets.
543 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
544 Legislature appropriates the following sums of money from the funds or accounts indicated for
545 the use and support of the government of the state of Utah.
546
Public Education
547
State Board of Education - Minimum School Program
548
Item 10
549 To State Board of Education - Minimum School Program - Basic School Program
550 From Uniform School Fund
109,659,900
551 From Public Education Economic Stabilization
552 Restricted Account, One-Time
3,600,000
553 From Local Revenue
8,733,200
554 Schedule of Programs:
555 Kindergarten 3,466,700
556 Grades 1 - 12 79,631,400
557 Foreign Exchange (59 WPUs) 281,000
558 Necessarily Existent Small Schools 4,992,000
559 Professional Staff 7,460,300
560 Special Education - Add-on 11,734,400
561 Special Education - Self-Contained 1,454,600
562 Special Education - Preschool 1,478,300
563 Special Education - Extended School Year 59,800
564 Special Education - Impact Aid 269,300
565 Special Education - Extended Year for Special
566 Educators 118,100
567 Career and Technical Education - Add-on 3,803,400
568 Class Size Reduction 5,538,600
569 Students At-Risk Add-on 1,705,200
570
Item 11
571 To State Board of Education - Minimum School Program - Basic School Program
572 From Uniform School Fund
4,037,000
573 Schedule of Programs:
574 Special Education - Add-on (1,033 WPUs) 4,037,000
575 The Legislature intends that the State Board of Education use funds appropriated by this
576 item to implement the provisions of H.B. 113, Students with Disabilities Funding Revisions.
577
Item 12
578 To State Board of Education - Minimum School Program - Related to Basic School
579 Programs
580 From Uniform School Fund
13,026,700
581 From Uniform School Fund, One-Time
250,000
582 From Public Education Economic Stabilization Restricted
583 Account, One-Time
9,500,000
584 From Teacher and Student Success Account
8,733,200
585 From Beginning Nonlapsing Balances
(21,293,200)
586 From Closing Nonlapsing Balances
21,293,200
587 Schedule of Programs:
588 Pupil Transportation To and From School 3,861,900
589 At-Risk Students - Gang Prevention and
590 Intervention 73,900
591 Youth in Custody 975,800
592 Adult Education 548,400
593 Enhancement for Accelerated Students 212,100
594 Concurrent Enrollment 2,154,600
595 Title I Schools Paraeducators Program 250,000
596 Charter School Local Replacement 4,000,000
597 Beverley Taylor Sorenson Elementary Arts
598 Learning Program 4,200,000
599 Teacher and Student Success Program 8,733,200
600 Charter School Funding Base Program 5,000,000
601 English Language Learner Software 1,500,000
602 The Legislature intends that the State Board of Education notify local education
603 agencies that receive an allocation from the English Language Learner Software Program that
604 beginning in fiscal year 2024, local education agencies will fund the agencies' software
605 programs out of the agencies' Students At-Risk - WPU Add-on program allocation.
606
State Board of Education
607
Item 13
608 To State Board of Education - Child Nutrition Programs
609 From Federal Funds
166,669,100
610 Schedule of Programs:
611 Child Nutrition 136,397,700
612 Federal Commodities 30,271,400
613
Item 14
614 To State Board of Education - Child Nutrition - Federal Commodities
615 From Federal Funds
(19,159,300)
616 Schedule of Programs:
617 Child Nutrition - Federal Commodities (19,159,300)
618
Item 15
619 To State Board of Education - Educator Licensing
620 From Education Fund
175,000
621 Schedule of Programs:
622 Educator Licensing 175,000
623
Item 16
624 To State Board of Education - Fine Arts Outreach
625 From Education Fund
500,000
626 Schedule of Programs:
627 Professional Outreach Programs in the Schools 465,000
628 Provisional Program 35,000
629 (1) The Legislature intends that the State Board of Education distribute, at the
630 beginning of fiscal year 2023, nonlapsing balances remaining in the Fine Arts Outreach line
631 item at the end of fiscal year 2022 to the contracted organizations participating in the
632 Professional Outreach Programs in the Schools (POPS).
633 (2) The Legislature intends that the amount the state board allocates under Subsection
634 (1):
635 (a) be proportional to each organization's contracted share of ongoing appropriations;
636 and
637 (b) not include a private match requirement.
638
Item 17
639 To State Board of Education - Contracted Initiatives and Grants
640 From Education Fund
(489,400)
641 From Education Fund, One-Time
13,610,200
642 From Public Education Economic Stabilization
643 Restricted Account, One-Time
7,500,000
644 From Revenue Transfers
38,900
645 From Beginning Nonlapsing Balances
(7,330,900)
646 From Closing Nonlapsing Balances
10,263,300
647 Schedule of Programs:
648 Computer Science Initiatives 8,000,000
649 Contracts and Grants 9,210,200
650 Software Licenses for Early Literacy 2,000,000
651 Early Warning Pilot Program 450,000
652 Kindergarten Supplement Enrichment Program (25,100)
653 School Turnaround and Leadership Development
654 Act (4,043,000)
655 UPSTART 8,000,000
656
Item 18
657 To State Board of Education - MSP Categorical Program Administration
658 From Education Fund
(58,300)
659 From Revenue Transfers
(25,300)
660 From Beginning Nonlapsing Balances
108,800
661 From Closing Nonlapsing Balances
(78,000)
662 Schedule of Programs:
663 Adult Education (29,000)
664 Dual Immersion (30,000)
665 Youth-in-Custody (104,000)
666 Early Literacy Program (29,000)
667 CTE Student Organizations (29,000)
668 State Safety and Support Program (29,000)
669 Early Intervention 197,200
670
Item 19
671 To State Board of Education - Science Outreach
672 From Education Fund
500,000
673 Schedule of Programs:
674 Informal Science Education Enhancement 500,000
675
Item 20
676 To State Board of Education - Policy, Communication, & Oversight
677 From General Fund
(200)
678 From Education Fund
(5,926,400)
679 From Federal Funds
(83,939,500)
680 From Federal Funds, One-Time
39,490,500
681 From General Fund Restricted - Mineral Lease
(1,148,800)
682 From General Fund Restricted - Land Exchange
683 Distribution Account
(16,200)
684 From General Fund Restricted - School Readiness
685 Account
(65,500)
686 From Revenue Transfers
(4,483,400)
687 From Uniform School Fund Restricted - Trust
688 Distribution Account
(752,400)
689 From Beginning Nonlapsing Balances
(14,191,000)
690 From Closing Nonlapsing Balances
(1,643,300)
691 From Lapsing Balance
64,500
692 Schedule of Programs:
693 Board and Administration (5,312,300)
694 Data and Statistics (2,413,500)
695 Financial Operations (4,106,200)
696 Indirect Cost Pool (8,107,900)
697 Information Technology (14,277,700)
698 Teacher Retention in Indigenous Schools Grants 501,400
699 Policy and Communication 180,000
700 School Trust (697,000)
701 Special Education (81,912,000)
702 Student Support Services 39,490,500
703 School Turnaround and Leadership Development
704 Act 4,043,000
705
Item 21
706 To State Board of Education - System Standards & Accountability
707 From Education Fund
(580,200)
708 From Federal Funds
82,184,200
709 From Federal Funds, One-Time
31,393,100
710 From Dedicated Credits Revenue
85,000
711 From Revenue Transfers
(541,200)
712 From Beginning Nonlapsing Balances
197,900
713 From Closing Nonlapsing Balances
(30,100)
714 Schedule of Programs:
715 Assessment and Accountability (180,000)
716 Teacher Retention in Indigenous Schools Grants (501,400)
717 Special Education 113,305,100
718 RTC Fees 85,000
719 (1) The Legislature intends that the State Board of Education use $1,796,600 one-time
720 from the Readiness Improvement Success Empowerment (RISE) assessment settlement funds
721 to cover costs associated with a new contract for the RISE assessment.
722 (2) The Legislature intends that the State Board of Education use any revenue or
723 nonlapsing balances generated from the licensing of Readiness Improvement Success
724 Empowerment (RISE) questions to develop additional assessment questions for all state
725 assessments, provide professional learning for Utah educators, and for risk mitigation purposes.
726
Item 22
727 To State Board of Education - State Charter School Board
728 From Education Fund
(200,000)
729 From Education Fund, One-Time
(199,500)
730 Schedule of Programs:
731 State Charter School Board (399,500)
732
Item 23
733 To State Board of Education - Teaching and Learning
734 From Education Fund
(171,700)
735 From Revenue Transfers
22,200
736 From Beginning Nonlapsing Balances
(22,600)
737 Schedule of Programs:
738 Student Access to High Quality School Readiness
739 Programs (172,100)
740
Item 24
741 To State Board of Education - Utah Schools for the Deaf and the Blind
742 From Education Fund
700,000
743 From Education Fund, One-Time
500,000
744 From Dedicated Credits Revenue
3,133,500
745 Schedule of Programs:
746 Administration 3,833,500
747 Utah State Instructional Materials Access Center 500,000
748 (1) The Legislature intends that the State Board of Education monitor the
749 implementation of one-time funds appropriated to the Schools for the Deaf and the Blind in
750 fiscal year 2022 and fiscal year 2023 to ensure these funds are not used for ongoing purposes.
751 (2) The Legislature intends that the State Board of Education:
752 (a) conduct a cost benefit analysis on maintaining the Utah State Instructional
753 Materials Access Center as a state level function or contracting with a private provider for
754 relevant instructional materials; and
755 (b) report to the Public Education Appropriations Subcommittee by October 1, 2022.
756
Item 25
757 To State Board of Education - Statewide Online Education Costs for Non-Public
758 Students
759 From Education Fund
377,000
760 From Education Fund, One-Time
3,177,800
761 Schedule of Programs:
762 Statewide Online Education Program 3,554,800
763
Item 26
764 To State Board of Education - State Board and Administrative Operations
765 From General Fund
200
766 From Education Fund
13,526,000
767 From Federal Funds
1,755,300
768 From Federal Funds, One-Time
300,000,000
769 From General Fund Restricted - Mineral Lease
1,148,800
770 From General Fund Restricted - Land Exchange
771 Distribution Account
16,200
772 From General Fund Restricted - School Readiness Account
65,500
773 From Revenue Transfers
4,988,800
774 From Uniform School Fund Restricted - Trust Distribution
775 Account
752,400
776 From Beginning Nonlapsing Balances
21,237,800
777 From Closing Nonlapsing Balances
(8,511,900)
778 From Lapsing Balance
(64,500)
779 Schedule of Programs:
780 Financial Operations 4,106,200
781 Information Technology 14,277,700
782 Inter Cost Pool 8,107,900
783 Data and Statistics 2,413,500
784 School Trust 697,000
785 Board and Administration 5,312,300
786 Federal Coronavirus Relief for Public Education 300,000,000
787 (1) The Legislature intends that funds appropriated under this item from the American
788 Rescue Plan Act of 2021 may only be expended or distributed for purposes that comply with
789 the legal requirements and federal guidelines under the American Rescue Plan Act of 2021.
790 (2) The Legislature further intends that the agency administering these funds meet all
791 compliance and reporting requirements associated with these funds, as directed by the
792 Governor's Office of Planning and Budget.
793 (3) Notwithstanding the intent language associated with items 24, 28, 29, 31 through
794 39, and 41 of H.B. 1, Public Education Base Budget Amendments, the Legislature intends that
795 the State Board Education:
796 (a) not use previously identified performance measures;
797 (b) continue to develop the system performance measures and recommend new
798 performance measures to be included in the 2024 base budget; and
799 (c) provide to the Public Education Appropriations Subcommittee, with performance
800 measures, initial performance targets, and up to five years of historic performance data where
801 available:
802 (i) a status report by June 1, 2022; and
803 (ii) a final report by October 1, 2022.
804 Subsection 10(b). Restricted Fund and Account Transfers.
805 The Legislature authorizes the State Division of Finance to transfer the following
806 amounts between the following funds or accounts as indicated. Expenditures and outlays from
807 the funds to which the money is transferred must be authorized by an appropriation.
808
Public Education
809
Item 27
810 To Teacher and Student Success Account
811 From Education Fund
8,733,200
812 Schedule of Programs:
813 Teacher and Student Success Account 8,733,200
814 Section 11. Coordinating S.B. 2 with H.B. 1 -- Superseding technical and
815 substantive amendments.
816 If this S.B. 2 and H.B. 1, Public Education Base Budget Amendments, both pass and
817 become law, it is the intent of the Legislature that the amendments to Section 53F-2-301.5 in
818 this bill supersede the amendments to Section 53F-2-301.5 in H.B. 1 when the Office of
819 Legislative Research and General Counsel prepares the Utah Code database for publication.
820 Section 12. Effective date.
821 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
822 elected to each house, this bill takes effect upon approval by the governor, or the day following
823 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
824 signature, or in the case of a veto, the date of veto override.
825 (2) The following sections of this bill take effect on July 1, 2022:
826 (a) Section 53F-2-301.5;
827 (b) Section 53F-2-303;
828 (c) Section 53F-2-314;
829 (d) Section 53F-2-402;
830 (e) Section 53F-2-409;
831 (f) Section 53F-2-415;
832 (g) Section 63I-2-253;
833 (h) Section 10, Fiscal Year 2023 Appropriations;
834 (i) Subsection 10(a), Operating and Capital Budgets; and
835 (j) Subsection 10(b), Restricted Fund and Account Transfers.