This document includes House Committee Amendments incorporated into the bill on Fri, Feb 9, 2024 at 9:55 AM by housengrossing.
1     
DRIVER EDUCATION MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ariel Defay

5     
Senate Sponsor: Heidi Balderree

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes to the way Ĥ→ [
an] a ←Ĥ local education agency may fund driver
10     education classes.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows for additional funding to be used by Ĥ→ [
an] a ←Ĥ local education agency to
13a     fund driver
14     education classes; and
15          ▸     increases driver education student reimbursement amounts.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          53G-10-503, as last amended by Laws of Utah 2021, Chapter 247
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53G-10-503 is amended to read:
26          53G-10-503. Driver education funding -- Reimbursement of a local education
27     agency for driver education class expenses -- Limitations -- Excess funds -- Student fees.

28          (1) (a) Except as provided in Subsection (1)(b), a local education agency that provides
29     driver education shall fund the program [solely] through:
30          (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
31     School Fund as created under Section 41-1a-1205; and
32          (ii) student fees collected by each school.
33          (b) In determining the cost of driver education, a local education agency may exclude:
34          (i) the full-time equivalent cost of a teacher for a driver education class taught during
35     regular school hours; and
36          (ii) classroom space and classroom maintenance.
37          (c) A local education agency may [not] use [any] additional school funds beyond those
38     allowed under Subsection (1)(b) to subsidize driver education.
39          (2) (a) The state superintendent shall, prior to September 2nd following the school year
40     during which it was expended, or may at earlier intervals during that school year, reimburse
41     each local education agency that applied for reimbursement in accordance with this section.
42          (b) A local education agency that maintains driver education classes that conform to
43     this part and the rules prescribed by the state board may apply for reimbursement for the actual
44     cost of providing the behind-the-wheel and observation training incidental to those classes.
45          (3) Under the state board's supervision for driver education, a local education agency
46     may:
47          (a) employ personnel who are not licensed by the state board under Section 53E-6-201;
48     or
49          (b) contract with private parties or agencies licensed under Section 53-3-504 for the
50     behind-the-wheel phase of the driver education program.
51          (4) The reimbursement amount shall be paid out of the Automobile Driver Education
52     Tax Account in the Uniform School Fund and may not exceed:
53          (a) [$100] $150 per student who has completed driver education during the school
54     year;
55          (b) [$30] $45 per student who has only completed the classroom portion in the school
56     during the school year; or
57          (c) [$70] $105 per student who has only completed the behind-the-wheel and
58     observation portion in the school during the school year.

59          (5) If the amount of money in the account at the end of a school year is less than the
60     total of the reimbursable costs, the state superintendent shall allocate the money to each local
61     education agency in the same proportion that the local education agency's reimbursable costs
62     bear to the total reimbursable costs of all local education agencies.
63          (6) If the amount of money in the account at the end of any school year is more than the
64     total of the reimbursement costs provided under Subsection (4), the state superintendent may
65     allocate the excess funds to local education agencies:
66          (a) to reimburse each local education agency that applies for reimbursement of the cost
67     of a fee waived under Section 53G-7-504 for driver education; and
68          (b) to aid in the procurement of equipment and facilities which reduce the cost of
69     behind-the-wheel instruction.
70          (7) A local school board shall establish the student fee for driver education for the local
71     education agency. Student fees shall be reasonably associated with the costs of driver education
72     that are not otherwise covered by reimbursements and allocations made under this section.
73          Section 2. Effective date.
74          This bill takes effect on July 1, 2024.