1     
SMALL SCHOOL DISTRICT SCALE OF OPERATIONS

2     
FORMULA

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2024 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Karen M. Peterson

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Senate Sponsor: Lincoln Fillmore

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8     LONG TITLE
9     General Description:
10          This bill amends the formula for necessarily existent small schools funding.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the formula for necessarily existent small schools funding.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          This bill provides a special effective date.
18     Utah Code Sections Affected:
19     REPEALS AND REENACTS:
20          53F-2-304, as last amended by Laws of Utah 2021, Chapter 439
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 53F-2-304 is repealed and reenacted to read:
24          53F-2-304. Weighted pupil units for students in necessarily existent small schools.
25          (1) As used in this section:
26          (a) "Rural-distant school" means a school in a rural-distant area as defined by the
27     National Center for Education Statistics.

28          (b) "Rural-remote school" means a school in a rural-remote area as defined by the
29     National Center for Education Statistics.
30          (c) "Scale of operations" means a cost function analysis conducted by the state board to
31     determine the relative higher cost of providing educational services for students enrolled in
32     smaller school districts when compared to larger school districts.
33          (2) (a) The state board shall adopt a formula to calculate additional weighted pupil
34     units for necessarily existent small schools using a two-factor distribution described in
35     Subsection (2)(b).
36          (b) The two-factor distribution shall be the sum of:
37          (i) a scale of operations weighting that provides up to 3.0 weighted pupil units:
38          (A) for each student enrolled in:
39          (I) a school district in a county of the fourth, fifth, or sixth class as described in Section
40     17-50-501; or
41          (II) a school district in a county of the third class as described in Section 17-50-501
42     with fewer than 2,000 students; and
43          (B) based on the cost function analysis conducted by the state board: and
44          (ii) a rural-school weighting that provides weighted pupil units as follows:
45          (A) a rural-remote weighting that provides 0.6 weighted pupil units:
46          (I) for each student attending a rural-remote school in a county of the third, fourth,
47     fifth, or sixth class as described in Section 17-50-501; and
48          (II) to adjust funding for unique geographic conditions that increase costs for a school's
49     operation; and
50          (B) a rural-distant weighting that provides 0.15 weighted pupil unit:
51          (I) for each student attending a rural-distant school in a county of third, fourth, fifth, or
52     sixth class as described in Section 17-50-501; and
53          (II) to adjust funding for unique geographic conditions that increase costs for a school's
54     operation.
55          (c) The funding for a student who falls within the weighting factors described in
56     Subsections (2)(b)(i) and (2)(b)(ii) shall be computed under both weighting factors.
57          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
58     state board shall make rule to:

59          (a) establish the formula described in Subsection (2) including the amount of weighted
60     pupil units described in Subsection (2)(b)(i) by:
61          (i) conducting a cost function analysis measuring the scale of operations weighting
62     including factors identified by the state board for each small and rural school district compared
63     to all school districts;
64          (ii) determining a weighting relative to the cost function prediction for each school
65     district that is above the minimum prediction for all school districts;
66          (iii) establishing a percentile cutoff for a full weighted pupil unit that:
67          (A) provides a full weighting for districts enrolling fewer than 1,100 students, not to
68     exceed the 15th percentile; and
69          (B) provides no scale of operations weighting described in Subsection (2)(b)(i) for
70     school districts enrolling greater than seven times the full-weight cutoff; and
71          (iv) based on the cost function analysis, establishing a gradually reduced weighted
72     pupil unit for each school district above the percentile cutoff established in Subsection
73     (3)(a)(iii);
74          (b) establish a timeline for the distribution of funds to school districts provided under
75     this section; and
76          (c) for fiscal year 2028 and subsequently each fifth fiscal year:
77          (i) recalculate the two-factor distribution formula described in Subsection (2) using
78     updated information in preparation for establishing budgets; and
79          (ii) report the cost function analysis results to the Public Education Appropriations
80     Subcommittee by October 1 of the relevant fiscal years including recommendations for any
81     change to the scale of operations or rural-school weightings for each school district.
82          (4) A local school board shall use money distributed under this section to effectively
83     operate schools in remote areas of the state and with low student populations.
84          (5) If an allocation to a school district under this section will be less than the allocation
85     to the school district for necessarily existent small schools in the 2024 fiscal year, the
86     Executive Appropriations Committee shall include a one-time appropriation in the public
87     education budget to supplement the difference between the two amounts from weighted pupil
88     units generated in Subsection (2) provides the same amount in the 2025 fiscal year and
89     gradually decreases to zero over the next three fiscal years.

90          (6) A school district shall receive the difference between funding amounts the school
91     district receives under Subsection (2) and the funding amount received in fiscal year 2024 if the
92     school district:
93          (a) is in a county of the third class as described in Section 17-50-501;
94          (b) has a total student enrollment of less than 20,000 students; and
95          (c) in fiscal year 2024, had a school within the school district that was a necessarily
96     existent small school.
97          (7) During each five year review described in Subsection (3)(c), if a school or school
98     district no longer qualifies under the criteria described in Subsections (2) or (6), the state board
99     shall:
100          (a) review the conditions causing the school or school district to no longer qualify; and
101          (b) if the school or school district has an average daily membership increase of no more
102     than 2% over the past five years, make recommendations to the Public Education
103     Appropriations Subcommittee regarding continuance of funding received under this section.
104          (8) If after the review described in Subsection (7) a school or school district is found to
105     no longer qualify for funding under this section, the Executive Appropriations Committee shall
106     include a one-time appropriation in the public education budget to provide the same amount of
107     funding the school district qualified for in the prior fiscal year and gradually decrease the
108     amount to zero over the next three fiscal years.
109          Section 2. Effective date.
110          This bill takes effect on July 1, 2024.