Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 114 First Substitute (2017GS)

Sponsor

Rep. Cutler, B. R.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends certain references to education entities in Title 53A, Chapter 17a, Minimum School Program Act;
• repeals outdated language; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL SCHOOL ENTITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bruce R. Cutler
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill modifies provisions relating to the Minimum School Program Act.
Highlighted Provisions:
This bill:
▸ amends certain references to education entities in Title 53A, Chapter 17a, Minimum
School Program Act;
▸ repeals outdated language; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1a-106
, as last amended by Laws of Utah 2012, Chapter 315
53A-2-214
, as last amended by Laws of Utah 2011, Chapter 371
53A-17a-103
, as last amended by Laws of Utah 2016, Chapter 367
53A-17a-105
, as last amended by Laws of Utah 2016, Chapter 229
53A-17a-105.5
, as last amended by Laws of Utah 2016, Chapter 200
53A-17a-106
, as last amended by Laws of Utah 2001, Chapter 73
53A-17a-107
, as last amended by Laws of Utah 2008, Chapter 382
53A-17a-108
, as last amended by Laws of Utah 2010, Chapters 3 and 399
53A-17a-109
, as last amended by Laws of Utah 2013, Chapter 106
53A-17a-111
, as last amended by Laws of Utah 2011, Chapter 342
53A-17a-111.5
, as last amended by Laws of Utah 2003, Chapter 221
53A-17a-112
, as last amended by Laws of Utah 2011, Chapters 359 and 366
53A-17a-113
, as last amended by Laws of Utah 2010, Chapter 3
53A-17a-116
, as last amended by Laws of Utah 2010, Chapter 3
53A-17a-119
, as last amended by Laws of Utah 2010, Chapter 3
53A-17a-124
, as last amended by Laws of Utah 2014, Chapter 346
53A-17a-124.5
, as last amended by Laws of Utah 2016, Chapter 188
53A-17a-125
, as last amended by Laws of Utah 2010, Chapter 3
53A-17a-126
, as last amended by Laws of Utah 2016, Chapter 214
53A-17a-127
, as last amended by Laws of Utah 2011, Chapters 366 and 371
53A-17a-133
, as last amended by Laws of Utah 2016, Chapters 2, 350, and 367
53A-17a-134
, as last amended by Laws of Utah 2013, Chapter 178
53A-17a-135
, as last amended by Laws of Utah 2016, Chapter 2
53A-17a-139
, as enacted by Laws of Utah 1991, Chapter 72
53A-17a-140
, as enacted by Laws of Utah 1991, Chapter 72
53A-17a-141
, as enacted by Laws of Utah 1991, Chapter 72
53A-17a-143
, as last amended by Laws of Utah 2011, Chapter 371
53A-17a-144
, as last amended by Laws of Utah 2011, Chapter 342
53A-17a-145
, as last amended by Laws of Utah 2011, Chapter 371
53A-17a-146
, as last amended by Laws of Utah 2011, Chapters 371 and 381
53A-17a-150
, as last amended by Laws of Utah 2016, Chapter 188
53A-17a-151
, as last amended by Laws of Utah 2011, Chapter 371
53A-17a-153
, as last amended by Laws of Utah 2010, Chapter 3
53A-17a-159
, as enacted by Laws of Utah 2008, Chapter 397
53A-17a-165
, as last amended by Laws of Utah 2015, Chapter 258
53A-17a-166
, as enacted by Laws of Utah 2011, Chapter 359
53A-17a-167
, as last amended by Laws of Utah 2015, Chapter 372
53A-17a-171
, as last amended by Laws of Utah 2016, Chapter 188
63J-1-220
, as enacted by Laws of Utah 2015, Chapter 407
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1a-106
 is amended to read:
53A-1a-106.
School district and individual school powers -- Student
education/occupation plan (SEOP) definition.
(1) In order to acquire and develop the characteristics listed in Section 
53A-1a-104
,
each school district and each public school within its respective district shall implement a
comprehensive system of accountability in which students advance through public schools by
demonstrating competency in required skills and mastery of required knowledge through the use
of diverse assessment instruments such as authentic and criterion referenced tests, projects, and
portfolios.
(2) (a) Each school district and public school shall:
(i) develop and implement programs integrating technology into the curriculum,
instruction, and student assessment;
(ii) provide for teacher and parent involvement in policymaking at the school site;
(iii) implement a public school choice program to give parents, students, and teachers
greater flexibility in designing and choosing among programs with different focuses through
schools within the same district and other districts, subject to space availability, demographics,
and legal and performance criteria;
(iv) establish strategic planning at both the district and school level and site-based
decision making programs at the school level;
(v) provide opportunities for each student to acquire and develop academic and
occupational knowledge, skills, and abilities;
(vi) participate in ongoing research and development projects primarily at the school
level aimed at improving the quality of education within the system; and
(vii) involve business and industry in the education process through the establishment of
partnerships with the business community at the district and school level.
(b) (i) As used in this title, "student education/occupation plan" or "SEOP" means a
plan developed by a student and the student's parent or guardian, in consultation with school
counselors, teachers, and administrators that:
(A) is initiated at the beginning of grade 7;
(B) identifies a student's skills and objectives;
(C) maps out a strategy to guide a student's course selection; and
(D) links a student to post-secondary options, including higher education and careers.
(ii) Each local school board, in consultation with school personnel, parents, and school
community councils or similar entities shall establish policies to provide for the effective
implementation of a personalized student education plan (SEP) or student education/occupation
plan (SEOP) for each student at the school site.
(iii) The policies shall include guidelines and expectations for:
(A) recognizing the student's accomplishments, strengths, and progress towards
meeting student achievement standards as defined in U-PASS;
(B) planning, monitoring, and managing education and career development; and
(C) involving students, parents, and school personnel in preparing and implementing
SEPs and SEOPs.
(iv) A parent may request conferences with school personnel in addition to SEP or
SEOP conferences established by local school board policy.
(v) Time spent during the school day to implement SEPs and SEOPs is considered part
of the school term referred to in Subsection 
53A-17a-103
[
(4)
]
(7)
.
(3) A school district or public school may submit proposals to modify or waive rules or
policies of a supervisory authority within the public education system in order to acquire or
develop the characteristics listed in Section 
53A-1a-104
.
(4) (a) Each school district and public school shall make an annual report to its patrons
on its activities under this section.
(b) The reporting process shall involve participation from teachers, parents, and the
community at large in determining how well the district or school is performing.
Section 2. Section 
53A-2-214
 is amended to read:
53A-2-214.
Online students' participation in extracurricular activities.
(1) As used in this section:
(a) "Online education" means the use of information and communication technologies
to deliver educational opportunities to a student in a location other than a school.
(b) "Online student" means a student who:
(i) participates in an online education program sponsored or supported by the State
Board of Education, a school district, or charter school; and
(ii) generates funding for the school district or school pursuant to Subsection
53A-17a-103
[
(4)
]
(7)
 and rules of the State Board of Education.
(2) An online student is eligible to participate in extracurricular activities at:
(a) the school within whose attendance boundaries the student's custodial parent or
legal guardian resides; or
(b) the public school from which the student withdrew for the purpose of participating
in an online education program.
(3) A school other than a school described in Subsection (2)(a) or (b) may allow an
online student to participate in extracurricular activities other than:
(a) interschool competitions of athletic teams sponsored and supported by a public
school; or
(b) interschool contests or competitions for music, drama, or forensic groups or teams
sponsored and supported by a public school.
(4) An online student is eligible for extracurricular activities at a public school
consistent with eligibility standards as applied to full-time students of the public school.
(5) A school district or public school may not impose additional requirements on an
online school student to participate in extracurricular activities that are not imposed on full-time
students of the public school.
(6) (a) The State Board of Education shall make rules establishing fees for an online
school student's participation in extracurricular activities at school district schools.
(b) The rules shall provide that:
(i) online school students pay the same fees as other students to participate in
extracurricular activities;
(ii) online school students are eligible for fee waivers pursuant to Section 
53A-12-103
;
(iii) for each online school student who participates in an extracurricular activity at a
school district school, the online school shall pay a share of the school district's costs for the
extracurricular activity; and
(iv) an online school's share of the costs of an extracurricular activity shall reflect state
and local tax revenues expended, except capital facilities expenditures, for an extracurricular
activity in a school district or school divided by total student enrollment of the school district or
school.
(c) In determining an online school's share of the costs of an extracurricular activity
under Subsections (6)(b)(iii) and (iv), the State Board of Education may establish uniform fees
statewide based on average costs statewide or average costs within a sample of school districts.
(7) When selection to participate in an extracurricular activity at a public school is made
on a competitive basis, an online student is eligible to try out for and participate in the activity
as provided in this section.
Section 3. Section 
53A-17a-103
 is amended to read:
53A-17a-103.
Definitions.
As used in this chapter:
(1) "Basic state-supported school program" or "basic program" means public education
programs for kindergarten, elementary, and secondary school students that are operated and
maintained for the amount derived by multiplying the number of weighted pupil units for each
school district or charter school by the value established each year in statute, except as
otherwise provided in this chapter.
(2) (a) "Certified revenue levy" means a property tax levy that provides an amount of ad
valorem property tax revenue equal to the sum of:
(i) the amount of ad valorem property tax revenue to be generated statewide in the
previous year from imposing a minimum basic tax rate, as specified in Section 
53A-17a-135
;
and
(ii) the product of:
(A) eligible new growth, as defined in Section 
59-2-924
 and rules of the State Tax
Commission; and
(B) the minimum basic tax rate certified by the State Tax Commission for the previous
year.
(b) For purposes of this Subsection (2), "ad valorem property tax revenue" does not
include property tax revenue received statewide from personal property that is:
(i) assessed by a county assessor in accordance with Title 59, Chapter 2, Part 3, County
Assessment; and
(ii) semiconductor manufacturing equipment.
(c) For purposes of calculating the certified revenue levy described in this Subsection
(2), the State Tax Commission shall use:
(i) the taxable value of real property assessed by a county assessor contained on the
assessment roll;
(ii) the taxable value of real and personal property assessed by the State Tax
Commission; and
(iii) the taxable year end value of personal property assessed by a county assessor
contained on the prior year's assessment roll.
(3) "Charter school governing board" means the governing board, as defined in Section
53A-1a-501.3
, that governs a charter school.
(4) "Local education board" means a local school board or charter school governing
board.
(5) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
Election of Members of Local Boards of Education.
[
(3)
] 
(6)
 "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
[
(4)
] 
(7)
 (a) "State-supported minimum school program" or "Minimum School
Program" means public school programs for kindergarten, elementary, and secondary schools as
described in this Subsection [
(4)
] 
(7)
.
(b) The minimum school program established in school districts and charter schools
shall include the equivalent of a school term of nine months as determined by the State Board of
Education.
(c) (i) The board shall establish the number of days or equivalent instructional hours
that school is held for an academic school year.
(ii) Education, enhanced by utilization of technologically enriched delivery systems,
when approved by [
local school boards or charter school governing boards
] 
a local education
board
, shall receive full support by the State Board of Education as it pertains to fulfilling the
attendance requirements, excluding time spent viewing commercial advertising.
(d) (i) A local [
school board or charter school governing
] 
education
 board may
reallocate up to 32 instructional hours or four school days established under Subsection [
(4)
]
(7)
(c) for teacher preparation time or teacher professional development.
(ii) A reallocation of instructional hours or school days under Subsection [
(4)
] 
(7)
(d)(i)
is subject to the approval of two-thirds of the members of a local [
school board or charter
school governing
] 
education
 board voting in a regularly scheduled meeting:
(A) at which a quorum of the local [
school board or charter school governing
]
education
 board is present; and
(B) held in compliance with Title 52, Chapter 4, Open and Public Meetings Act.
(iii) If a local [
school board or charter school governing
] 
education
 board reallocates
instructional hours or school days as provided by this Subsection [
(4)
] 
(7)
(d), the school district
or charter school shall notify students' parents and guardians of the school calendar at least 90
days before the beginning of the school year.
(iv) Instructional hours or school days reallocated for teacher preparation time or
teacher professional development pursuant to this Subsection [
(4)
] 
(7)
(d) is considered part of a
school term referred to in Subsection [
(4)
] 
(7)
(b).
(e) The Minimum School Program includes a program or allocation funded by a line
item appropriation or other appropriation designated as follows:
(i) Basic School Program;
(ii) Related to Basic Programs;
(iii) Voted and Board Levy Programs; or
(iv) Minimum School Program.
[
(5)
] 
(8)
 "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
factors that is computed in accordance with this chapter for the purpose of determining the
costs of a program on a uniform basis for each 
school
 district 
or charter school
.
Section 4. Section 
53A-17a-105
 is amended to read:
53A-17a-105.
Powers and duties of State Board of Education to adjust Minimum
School Program allocations -- Use of remaining funds at the end of a fiscal year.
(1) For purposes of this section:
(a) "Board" means the State Board of Education.
(b) "ESEA" means the Elementary and Secondary Education Act of 1965, 20 U.S.C.
Sec. 6301 et seq.
[
(c) "LEA" means:
]
[
(i) a school district; or
]
[
(ii) a charter school.
]
[
(d)
] 
(c)
 "Program" means a program or allocation funded by a line item appropriation
or other appropriation designated as:
(i) Basic Program;
(ii) Related to Basic Programs;
(iii) Voted and Board Levy Programs; or
(iv) Minimum School Program.
(2) Except as provided in Subsection (3) or (5), if the number of weighted pupil units in
a program is underestimated, the board shall reduce the value of the weighted pupil unit in that
program so that the total amount paid for the program does not exceed the amount
appropriated for the program.
(3) If the number of weighted pupil units in a program is overestimated, the board shall
spend excess money appropriated for the following purposes giving priority to the purpose
described in Subsection (3)(a):
(a) to support the value of the weighted pupil unit in a program within the basic
state-supported school program in which the number of weighted pupil units is underestimated;
(b) to support the state guarantee per weighted pupil unit provided under the voted
local levy program established in Section 
53A-17a-133
 or the board local levy program
established in Section 
53A-17a-164
, if:
(i) local contributions to the voted local levy program or board local levy program are
overestimated; or
(ii) the number of weighted pupil units within school districts qualifying for a guarantee
is underestimated;
(c) to support the state supplement to local property taxes allocated to charter schools,
if the state supplement is less than the amount prescribed by Section 
53A-1a-513
; or
(d) to support a school district with a loss in student enrollment as provided in Section
53A-17a-139
.
(4) If local contributions from the minimum basic tax rate imposed under Section
53A-17a-135
 are overestimated, the board shall reduce the value of the weighted pupil unit for
all programs within the basic state-supported school program so the total state contribution to
the basic state-supported school program does not exceed the amount of state funds
appropriated.
(5) If local contributions from the minimum basic tax rate imposed under Section
53A-17a-135
 are underestimated, the board shall:
(a) spend the excess local contributions for the purposes specified in Subsection (3),
giving priority to supporting the value of the weighted pupil unit in programs within the basic
state-supported school program in which the number of weighted pupil units is underestimated;
and
(b) reduce the state contribution to the basic state-supported school program so the
total cost of the basic state-supported school program does not exceed the total state and local
funds appropriated to the basic state-supported school program plus the local contributions
necessary to support the value of the weighted pupil unit in programs within the basic
state-supported school program in which the number of weighted pupil units is underestimated.
(6) Except as provided in Subsection (3) or (5), the board shall reduce the guarantee
per weighted pupil unit provided under the voted local levy program established in Section
53A-17a-133
 or board local levy program established in Section 
53A-17a-164
, if:
(a) local contributions to the voted local levy program or board local levy program are
overestimated; or
(b) the number of weighted pupil units within school districts qualifying for a guarantee
is underestimated.
[
(7) (a) The board may use program funds as described in Subsection (7)(b) if:
]
[
(i) the state loses flexibility due to the U.S. Department of Education's rejection of the
state's renewal application for flexibility under the ESEA; and
]
[
(ii) the state is required to fully implement the requirements of Title I of the ESEA, as
amended by the No Child Left Behind Act of 2001.
]
[
(b) Subject to the requirements of Subsections (7)(a) and (c), for fiscal year 2016, after
any transfers or adjustments described in Subsections (2) through (6) are made, the board may
use up to $15,000,000 of excess money appropriated to a program, remaining at the end of
fiscal year 2015, to mitigate a budgetary impact to an LEA due to the LEA's loss of flexibility
related to implementing the requirements of Title I of the ESEA, as amended by the No Child
Left Behind Act of 2001.
]
[
(c) In addition to the reporting requirement described in Subsection (9), the board shall
report actions taken by the board under this Subsection (7) to the Executive Appropriations
Committee.
]
[
(8)
] 
(7)
 Money appropriated to the board is nonlapsing.
[
(9)
] 
(8)
 The board shall report actions taken by the board under this section to the
Office of the Legislative Fiscal Analyst and the Governor's Office of Management and Budget.
Section 5. Section 
53A-17a-105.5
 is amended to read:
53A-17a-105.5.
Flexibility in the use of program funds.
(1) As used in this section, "qualifying program" means:
(a) the Enhancement for At-Risk Students Program created in Section 
53A-17a-166
;
(b) the Enhancement for Accelerated Students Program created in Section
53A-17a-165
; and
(c) the concurrent enrollment program established in Section 
53A-15-1703
.
(2) If a school district or charter school receives an allocation of state funds for a
qualifying program that is less than $10,000, the [
school district or charter school
] 
local
education board of the receiving school district or charter school
 may:
(a) (i) combine the funds with one or more qualifying program fund allocations each of
which is less than $10,000; and
(ii) use the combined funds in accordance with the program requirements for any of the
qualifying programs that are combined; or
(b) (i) transfer the funds to a qualifying program for which the school district or charter
school received an allocation of funds that is greater than or equal to $10,000; and
(ii) use the combined funds in accordance with the program requirements for the
qualifying program to which the funds are transferred.
Section 6. Section 
53A-17a-106
 is amended to read:
53A-17a-106.
Determination of weighted pupil units.
The number of weighted pupil units in the minimum school program for each year is the
total of the units for each school district 
and, subject to Section 
53A-1a-513
, charter school,
determined as follows:
(1) The number of units is computed by adding the average daily membership of all
pupils of the 
school
 district 
or charter school
 attending schools, other than kindergarten and
self-contained classes for children with a disability.
(2) The number of units is computed by adding the average daily membership of all
pupils of the 
school
 district 
or charter school
 enrolled in kindergarten and multiplying the total
by .55.
(a) In those 
school
 districts 
or charter schools
 that do not [
elect to
] hold kindergarten
for a full nine-month term, the local school board 
or charter school governing board
 may
approve a shorter term of nine weeks' duration.
(b) Upon 
local education
 board approval, the number of pupils in average daily
membership at the short-term kindergarten shall be counted for the purpose of determining the
number of units allowed in the same ratio as the number of days the short-term kindergarten is
held, not exceeding nine weeks, compared to the total number of days schools are held in that
school
 district 
or charter school
 in the regular school year.
(3) (a) The State Board of Education shall use prior year plus growth to determine
average daily membership in distributing money under the minimum school program where the
distribution is based on kindergarten through grade 12 ADMs or weighted pupil units.
(b) Under prior year plus growth, kindergarten through grade 12 average daily
membership for the current year is based on the actual kindergarten through grade 12 average
daily membership for the previous year plus an estimated percentage growth factor.
(c) The growth factor is the percentage increase in total average daily membership on
the first school day of October in the current year as compared to the total average daily
membership on the first school day of October of the previous year.
Section 7. Section 
53A-17a-107
 is amended to read:
53A-17a-107.
Professional staff weighted pupil units.
(1) Professional staff weighted pupil units are computed and distributed in accordance
with the following schedule:
(a) Professional Staff Cost Formula
Years of
Experience
Bachelor's
Degree
Bachelor's
+30 Qt. Hr.
Master's
Degree
Master's
Degree
+45 Qt. Hr.
Doctorate
1.00
1.05
1.10
1.15
1.20
1.05
1.10
1.15
1.20
1.25
1.10
1.15
1.20
1.25
1.30
1.15
1.20
1.25
1.30
1.35
1.20
1.25
1.30
1.35
1.40
1.25
1.30
1.35
1.40
1.45
1.30
1.35
1.40
1.45
1.50
1.35
1.40
1.45
1.50
1.55
1.50
1.55
1.60
1.60
1.65
1.70
(b) Multiply the number of full-time or equivalent professional personnel in each
applicable experience category in Subsection (1)(a) by the applicable weighting factor.
(c) Divide the total of Subsection (1)(b) by the number of professional personnel
included in Subsection (1)(b) and reduce the quotient by 1.00.
(d) Multiply the result of Subsection (1)(c) by 1/4 of the weighted pupil units computed
in accordance with Sections 
53A-17a-106
 and 
53A-17a-109
.
(2) The State Board of Education shall enact rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, [
which
] 
that
 require a certain percentage of a
school
 district's 
or charter school's
 professional staff to be certified in the area in which [
they
teach
] 
the staff teaches
 in order for the 
school
 district 
or charter school
 to receive full funding
under the schedule.
(3) If an individual's teaching experience is a factor in negotiating a contract of
employment to teach in the state's public schools, then the local [
school
] 
education
 board is
encouraged to accept as credited experience all of the years the individual has taught in the
state's public schools.
Section 8. Section 
53A-17a-108
 is amended to read:
53A-17a-108.
Weighted pupil units for small school district administrative costs
-- Appropriation for charter school administrative costs.
(1) Administrative costs weighted pupil units are computed [
and distributed to small
school districts
] 
for a small school district and distributed to the small school district
 in
accordance with the following schedule:
Administrative Costs Schedule
School District Enrollment as of October 1
Weighted Pupil Units
- 500 students
- 1,000 students
1,001 - 2,000 students
2,001 - 5,000 students
(2) (a) Except as provided in Subsection (2)(b), money appropriated to the State Board
of Education for charter school administrative costs shall be distributed to charter schools in the
amount of $100 for each charter school student in enrollment.
(b) (i) If money appropriated for charter school administrative costs is insufficient to
provide the amount per student prescribed in Subsection (2)(a), the appropriation shall be
allocated among charter schools in proportion to each charter school's enrollment as a
percentage of the total enrollment in charter schools.
(ii) If the State Board of Education makes adjustments to Minimum School Program
allocations under Section 
53A-17a-105
, the allocation provided in Subsection (2)(b)(i) shall be
determined after adjustments are made under Section 
53A-17a-105
.
(c) Charter [
schools
] 
school governing boards
 are encouraged to identify and use
cost-effective methods of performing administrative functions, including contracting for
administrative services with the State Charter School Board as provided in Section
53A-1a-501.6
.
(3) Charter schools are not eligible for funds for administrative costs under Subsection
(1).
Section 9. Section 
53A-17a-109
 is amended to read:
53A-17a-109.
Necessarily existent small schools -- Computing additional weighted
pupil units -- Consolidation of small schools.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Necessarily existent small schools funding balance" means the difference between:
(i) the amount appropriated for the necessarily existent small schools program in a fiscal
year; and
(ii) the amount distributed to school districts for the necessarily existent small schools
program in the same fiscal year.
(2) (a) Upon application by a [
school district
] 
local school board
, the board shall, in
consultation with the local school board, classify schools in the 
school
 district as necessarily
existent small schools, in accordance with this section and board rules adopted under [
this
section
] 
Subsection (3)
.
(b) An application must be submitted to the board before April 2, and the board must
report a decision to a [
school district
] 
local school board
 before June 2.
(3) The board shall adopt standards and make rules
, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act,
 to:
(a) govern the approval of necessarily existent small schools consistent with principles
of efficiency and economy [
and which shall
] 
that
 serve the purpose of eliminating schools where
consolidation is feasible by participation in special school units; and
(b) ensure that 
school
 districts are not building secondary schools in close proximity to
one another where economy and efficiency would be better served by one school meeting the
needs of secondary students in a designated geographical area.
(4) A one or two-year secondary school that has received necessarily existent small
school money under this section prior to July 1, 2000, may continue to receive such money in
subsequent years [
under board rule
].
(5) The board shall prepare and publish objective standards and guidelines for
determining which small schools are necessarily existent after consultation with local school
boards.
(6) (a) Additional weighted pupil units for schools classified as necessarily existent
small schools shall be computed using regression formulas adopted by the board.
(b) The regression formulas establish the following maximum sizes for funding under
the necessarily existent small school program:
(i) an elementary school 160
(ii) a one or two-year secondary school 300
(iii) a three-year secondary school 450
(iv) a four-year secondary school 500
(v) a six-year secondary school 600
(c) Schools with fewer than 10 students shall receive the same add-on weighted pupil
units as schools with 10 students.
(d) The board shall prepare and distribute an allocation table based on the regression
formula to each school district.
(7) (a) To avoid penalizing a 
school
 district financially for consolidating [
its
] 
the school
district's
 small schools, additional weighted pupil units may be allowed a 
school
 district each
year, not to exceed two years.
(b) The additional weighted pupil units may not exceed the difference between what the
school
 district receives for a consolidated school and what [
it
] 
the school district
 would have
received for the small schools had [
they
] 
the small schools
 not been consolidated.
(8) (a) Subject to Subsection (8)(b), the board may distribute a portion of necessarily
existent small schools funding in accordance with a formula adopted by the board that considers
the tax effort of a local school board.
(b) The amount distributed in accordance with Subsection (8)(a) may not exceed the
necessarily existent small schools fund in balance of the prior fiscal year.
(9) A [
district
] 
local school board
 may use the money allocated under this section for
maintenance and operation of school programs or for other school purposes as approved by the
board.
Section 10. Section 
53A-17a-111
 is amended to read:
53A-17a-111.
Weighted pupil units for programs for students with disabilities --
Local school board allocation.
(1) The number of weighted pupil units for students with disabilities shall reflect the
direct cost of programs for those students conducted in accordance with rules established by the
State Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(2) Disability program money allocated to 
school
 districts 
or charter schools
 is
restricted and shall be spent for the education of students with disabilities but may include
expenditures for approved programs of services conducted for certified instructional personnel
who have students with disabilities in their classes.
(3) The State Board of Education shall establish and strictly interpret definitions and
provide standards for determining which students have disabilities and shall assist 
school
districts 
and charter schools
 in determining the services that should be provided to students with
disabilities.
(4) Each year the [
board
] 
State Board of Education
 shall evaluate the standards and
guidelines that establish the identifying criteria for disability classifications to assure strict
compliance with those standards by the 
school
 districts 
and charter schools
.
(5) (a) Money appropriated to the State Board of Education for add-on WPUs for
students with disabilities enrolled in regular programs shall be allocated to school districts 
and
charter schools
 as provided in this Subsection (5).
(b) [
Beginning on July 1, 2003, the
] 
The
 State Board of Education shall[
:(i)
] use a
school
 district's 
or charter school's
 average number of special education add-on weighted pupil
units determined by the previous five year's average daily membership data as a foundation for
the special education add-on appropriation[
; and
]
.
[
(ii) implement a hold harmless provision for up to three years as needed to accomplish
a phase-in period for school districts to accommodate the change in the special education
add-on WPUs foundation formula.
]
(c) A 
school
 district's 
or charter school's
 special education add-on WPUs for the current
year may not be less than the foundation special education add-on WPUs.
(d) Growth WPUs shall be added to the prior year special education add-on WPUs, and
growth WPUs shall be determined as follows:
(i) The special education student growth factor is calculated by comparing S-3 total
special education ADM of two years previous to the current year to the S-3 total special
education ADM three years previous to the current year, not to exceed the official October total
school
 district growth factor from the prior year.
(ii) When calculating and applying the growth factor, a 
school
 district's S-3 total special
education ADM for a given year is limited to 12.18% of the 
school
 district's S-3 total student
ADM for the same year.
(iii) Growth ADMs are calculated by applying the growth factor to the S-3 total special
education ADM of two years previous to the current year.
(iv) Growth ADMs for each 
school
 district 
or each charter school
 are multiplied by 1.53
weighted pupil units and added to the prior year special education add-on WPU to determine
each 
school
 district's 
or each charter school's
 total allocation.
(6) If money appropriated under this chapter for programs for students with disabilities
does not meet the costs of 
school
 districts 
and charter schools
 for those programs, each 
school
district 
and each charter school
 shall first receive the amount generated for each student with a
disability under the basic program.
Section 11. Section 
53A-17a-111.5
 is amended to read:
53A-17a-111.5.
School districts to provide class space for deaf and blind
programs.
(1) [
School districts
] 
A school district
 with students who reside within [
their
] 
the school
district's
 boundaries and are served by the Schools for the Deaf and the Blind shall:
(a) furnish the schools with space required for their programs; or
(b) help pay for the cost of leasing classroom space in other school districts.
(2) A [
district's
] 
school district's
 participation in the program under Subsection (1) is
based upon the number of students who are served by the Schools for the Deaf and the Blind
and who reside within the 
school
 district as compared to the state total of students who are
served by the schools.
Section 12. Section 
53A-17a-112
 is amended to read:
53A-17a-112.
Preschool special education appropriation -- Extended year
program appropriation -- Appropriation for special education programs in state
institutions -- Appropriations for stipends for special educators.
(1) (a) Money appropriated to the State Board of Education for the preschool special
education program shall be allocated to school districts to provide a free, appropriate public
education to preschool students with a disability, ages three through five.
(b) The money shall be distributed on the basis of the school district's count of
preschool children with a disability for December 1 of the previous year, as mandated by federal
law.
(2) Money appropriated for the extended school year program for children with a
severe disability shall be limited to students with severe disabilities with education program
goals identifying significant regression and recoupment disability as approved by the State
Board of Education.
(3) (a) Money appropriated for self-contained regular special education programs may
not be used to supplement other school programs.
(b) Money in any of the other restricted line item appropriations may not be reduced
more than 2% to be used for purposes other than those specified by the appropriation, unless
otherwise provided by law.
(4) (a) The State Board of Education shall compute preschool funding by a factor of
1.47 times the current December 1 child count of eligible preschool aged three, four, and
five-year-olds times the WPU value, limited to 8% growth over the prior year December 1
count.
(b) The [
board
] 
State Board of Education
 shall develop guidelines to implement the
funding formula for preschool special education, and establish prevalence limits for distribution
of the money.
(5) Of the money appropriated for Special Education - State Programming, the State
Board of Education shall distribute the revenue generated from 909 WPUs to school districts,
charter schools, and the Utah Schools for the Deaf and the Blind for stipends to special
educators for additional days of work pursuant to the requirements of Section 
53A-17a-158
.
Section 13. Section 
53A-17a-113
 is amended to read:
53A-17a-113.
Weighted pupil units for career and technical education programs
-- Funding of approved programs -- Performance measures -- Qualifying criteria.
(1) (a) Money appropriated to the State Board of Education for approved career and
technical education programs and the comprehensive guidance program:
(i) shall be allocated to eligible recipients as provided in Subsections (2), (3), (4), and
(5); and
(ii) may not be used to fund programs below [
the ninth grade level
] 
grade 9
.
(b) Subsection (1)(a)(ii) does not apply to the following programs:
(i) comprehensive guidance;
(ii) Technology-Life-Careers; and
(iii) work-based learning programs.
(2) (a) Weighted pupil units are computed for pupils in approved programs.
(b) (i) The [
board
] 
State Board of Education
 shall fund approved programs based upon
hours of membership of [
9th
] 
grades 9
 through [
12th grade
] 
 students.
(ii) Subsection (2)(b)(i) does not apply to the following programs:
(A) comprehensive guidance;
(B) Technology-Life-Careers; and
(C) work-based learning programs.
(c) The [
board
] 
State Board of Education
 shall use an amount not to exceed 20% of the
total appropriation under this section to fund approved programs based on performance
measures such as placement and competency attainment defined in standards set by the [
board
]
State Board of Education
.
(d) Leadership organization funds shall constitute an amount not to exceed 1% of the
total appropriation under this section, and shall be distributed to each [
local educational agency
]
school district or each charter school
 sponsoring career and technical education student
leadership organizations based on the agency's share of the state's total membership in those
organizations.
(e) The [
board
] 
State Board of Education
 shall make the necessary calculations for
distribution of the appropriation to 
a
 school [
districts
] 
district and charter school
 and may revise
and recommend changes necessary for achieving equity and ease of administration.
(3) (a) Twenty weighted pupil units shall be computed for career and technical
education administrative costs for each 
school
 district, except 25 weighted pupil units may be
computed for each 
school
 district that consolidates career and technical education
administrative services with one or more other 
school
 districts.
(b) Between 10 and 25 weighted pupil units shall be computed for each high school
conducting approved career and technical education programs in a 
school
 district according to
standards established by the [
board
] 
State Board of Education
.
(c) Forty weighted pupil units shall be computed for each 
school
 district that operates
an approved career and technical education center.
(d) Between five and seven weighted pupil units shall be computed for each summer
career and technical education agriculture program according to standards established by the 
[
board
] 
State Board of Education
.
(e) The [
board
] 
State Board of Education
 shall, by rule, establish qualifying criteria for
[
districts
] 
a school district or charter school
 to receive weighted pupil units under this
Subsection (3).
(4) (a) Money remaining after the allocations made under Subsections (2) and (3) shall
be allocated using average daily membership in approved programs for the previous year.
(b) A 
school
 district 
or charter school
 that has experienced student growth in grades 9
through 12 for the previous year shall have the growth factor applied to the previous year's
weighted pupil units when calculating the allocation of money under this Subsection (4).
(5) Of the money allocated to comprehensive guidance programs pursuant to [
board
rules
] 
State Board of Education rule
, $1,000,000 in grants shall be awarded to school districts
or charter schools that:
(a) provide an equal amount of matching funds; and
(b) do not supplant other funds used for comprehensive guidance programs.
(6) (a) The [
board
] 
State Board of Education
 shall establish rules for [
the
] upgrading
[
of
] high school career and technical education programs.
(b) The rules shall reflect career and technical training and actual marketable job skills
in society.
(c) The rules shall include procedures to assist school districts 
and charter schools
 to
convert existing programs [
which
] 
that
 are not preparing students for the job market into
programs that will accomplish that purpose.
(7) Programs that do not meet [
board
] 
State Board of Education
 standards may not be
funded under this section.
Section 14. Section 
53A-17a-116
 is amended to read:
53A-17a-116.
Weighted pupil units for career and technical education set-aside
programs.
(1) Each 
school
 district 
and charter school
 shall receive a guaranteed minimum
allocation from the money appropriated to the State Board of Education for a career and
technical education set-aside program.
(2) The set-aside funds remaining after the initial minimum payment allocation are
distributed by [
an RFP
] 
a request for proposals
 process to help pay for equipment costs
necessary to initiate new programs and for high priority programs as determined by labor
market information.
Section 15. Section 
53A-17a-119
 is amended to read:
53A-17a-119.
Appropriation for adult education programs.
(1) Money appropriated to the State Board of Education for adult education shall be
allocated to [
local school boards
] 
school districts
 for adult high school completion and adult
basic skills programs.
(2) Each 
school
 district shall receive [
its
] 
a
 pro rata share of the appropriation for adult
high school completion programs based on the number of people 
in the school district
 listed in
the latest official census who are over 18 years of age and who do not have a high school
diploma and prior year participation or as approved by [
board
] 
State Board of Education
 rule.
(3) On February 1 of each school year, the State Board of Education shall recapture
money not used for an adult high school completion program for reallocation to 
school
 districts
that have implemented programs based on need and effort as determined by the [
board
] 
State
Board of Education
.
(4) To the extent of money available, school districts shall provide [
programs
] 
program
services
 to adults who do not have a diploma and who intend to graduate from high school,
with particular emphasis on homeless individuals who are seeking literacy and life skills.
(5) Overruns in adult education in any 
school
 district may not reduce the value of the
weighted pupil unit for this program in another 
school
 district.
(6) School districts shall spend money on adult basic skills programs according to
standards established by the [
board
] 
State Board of Education
.
Section 16. Section 
53A-17a-124
 is amended to read:
53A-17a-124.
Quality Teaching Block Grant Program -- State contributions.
(1) The State Board of Education shall distribute money appropriated for the Quality
Teaching Block Grant Program to school districts and charter schools according to a formula
adopted by the [
board
] 
State Board of Education
, after consultation with [
school districts and
charter schools
] 
local education boards
, that allocates the funding in a fair and equitable manner.
(2) [
School districts and charter schools
] 
Local education boards
 shall use Quality
Teaching Block Grant money to implement professional learning that meets the standards
specified in Section 
53A-3-701
.
Section 17. Section 
53A-17a-124.5
 is amended to read:
53A-17a-124.5.
Appropriation for class size reduction.
(1) Money appropriated to the State Board of Education for class size reduction shall
be used to reduce the average class size in kindergarten through the eighth grade in the state's
public schools.
(2) Each 
school
 district or charter school shall receive [
its
] 
an
 allocation based upon 
the
school district or charter school's
 prior year average daily membership in kindergarten through
grade 8 plus growth as determined under Subsection 
53A-17a-106
(3) as compared to the total
prior year average daily membership in kindergarten through grade 8 plus growth of school
districts and charter schools that qualify for an allocation pursuant to Subsection (8).
(3) (a) A [
district
] 
local education board
 may use [
its
] 
an
 allocation to reduce class size
in any one or all of the grades referred to under this section, except as otherwise provided in
Subsection (3)(b).
(b) (i) Each [
district or charter school
] 
local education board
 shall use 50% of [
its
] 
an
allocation to reduce class size in any one or all of grades kindergarten through grade 2, with an
emphasis on improving student reading skills.
(ii) If a 
school
 district's or charter school's average class size is below 18 in grades
kindergarten through grade 2, [
it
] 
a local education board
 may petition the [
state board
] 
State
Board of Education
 for, and the [
state board
] 
State Board of Education
 may grant, a waiver to
use [
its
] 
an
 allocation under Subsection (3)(b)(i) for class size reduction in the other grades.
(4) Schools may use nontraditional innovative and creative methods to reduce class
sizes with this appropriation and may use part of [
their
] 
an
 allocation to focus on class size
reduction for specific groups, such as at risk students, or for specific blocks of time during the
school day.
(5) (a) A [
school district or charter school
] 
local education board
 may use up to 20% of
[
its
] 
an
 allocation under Subsection (1) for capital facilities projects if such projects would help
to reduce class size.
(b) If a school district's or charter school's student population increases by 5% or 700
students from the previous school year, the [
school district or charter school
] 
local education
board
 may use up to 50% of any allocation [
it receives
] 
received by the respective school
district or charter school
 under this section for classroom construction.
(6) This appropriation is to supplement any other appropriation made for class size
reduction.
(7) The Legislature shall provide for an annual adjustment in the appropriation
authorized under this section in proportion to the increase in the number of students in the state
in kindergarten through grade eight.
(8) (a) [
To
] 
For a school district or charter school to
 qualify for class size reduction
money, a [
school district or charter school
] 
local education board
 shall submit:
(i) a plan for the use of the [
school district's or charter school's
] allocation of class size
reduction money to the State Board of Education; and
(ii) beginning with the 2014-15 school year, a report on the [
school district's or charter
school's
] 
local education board's
 use of class size reduction money in the prior school year.
(b) The plan and report required pursuant to Subsection (8)(a) shall include the
following information:
(i) (A) the number of teachers employed using class size reduction money;
(B) the amount of class size reduction money expended for teachers; and
(C) if supplemental school district or charter school funds are expended to pay for
teachers employed using class size reduction money, the amount of the supplemental money;
(ii) (A) the number of paraprofessionals employed using class size reduction money;
(B) the amount of class size reduction money expended for paraprofessionals; and
(C) if supplemental school district or charter school funds are expended to pay for
paraprofessionals employed using class size reduction money, the amount of the supplemental
money; and
(iii) the amount of class size reduction money expended for capital facilities.
(c) In addition to submitting a plan and report on the use of class size reduction money,
a [
school district or charter school
] 
local education board
 shall annually submit a report to the
State Board of Education that includes the following information:
(i) the number of teachers employed using K-3 Reading Improvement Program money
received pursuant to Sections 
53A-17a-150
 and 
53A-17a-151
;
(ii) the amount of K-3 Reading Improvement Program money expended for teachers;
(iii) the number of teachers employed in kindergarten through grade 8 using Title I
money;
(iv) the amount of Title I money expended for teachers in kindergarten through grade 8;
and
(v) a comparison of actual average class size by grade in grades kindergarten through 8
in the school district or charter school with what the average class size would be without the
expenditure of class size reduction, K-3 Reading Improvement Program, and Title I money.
(d) The information required to be reported in Subsections (8)(b)(i)(A) through (C),
(8)(b)(ii)(A) through (C), and (8)(c) shall be categorized by a teacher's or paraprofessional's
teaching assignment, such as the grade level, course, or subject taught.
(e) The State Board of Education may make rules specifying procedures and standards
for the submission of:
(i) a plan and a report on the use of class size reduction money as required by this
section; and
(ii) a report required under Subsection (8)(c).
(f) Based on the data contained in the class size reduction plans and reports submitted
by [
school districts and charter schools
] 
local education boards
, and data on average class size,
the State Board of Education shall annually report to the Public Education Appropriations
Subcommittee on the impact of class size reduction, K-3 Reading Improvement Program, and
Title I money on class size.
Section 18. Section 
53A-17a-125
 is amended to read:
53A-17a-125.
Appropriation for retirement and social security.
(1) The employee's retirement contribution shall be 1% for employees who are under
the state's contributory retirement program.
(2) The employer's contribution under the state's contributory retirement program is
determined under Section 
49-12-301
, subject to the 1% contribution under Subsection (1).
(3) (a) The employer-employee contribution rate for employees who are under the
state's noncontributory retirement program is determined under Section 
49-13-301
.
(b) The same contribution rate used under Subsection (3)(a) shall be used to calculate
the appropriation for charter schools described under Subsection (5).
(4) (a) Money appropriated to the State Board of Education for retirement and social
security money shall be allocated to school districts and charter schools based on a [
district's
]
school district's
 or charter school's total weighted pupil units compared to the total weighted
pupil units for all 
school
 districts 
and charter schools
 in the state.
(b) Subject to budget constraints, money needed to support retirement and social
security shall be determined by taking [
the
] 
a school
 district's 
or charter school's
 prior year
allocation and adjusting it for:
(i) student growth;
(ii) the percentage increase in the value of the weighted pupil unit; and
(iii) the effect of any change in the rates for retirement, social security, or both.
(5) A charter school 
governing board
 that [
has made
] 
makes
 an election of
nonparticipation in the Utah State Retirement Systems in accordance with Section 
53A-1a-512
and Title 49, Utah State Retirement and Insurance Benefit Act, shall use the funds described
under this section for retirement to provide [
its
] 
the charter school's
 own compensation, benefit,
and retirement programs.
Section 19. Section 
53A-17a-126
 is amended to read:
53A-17a-126.
State support of pupil transportation.
(1) Money appropriated to the State Board of Education for state-supported
transportation of public school students shall be apportioned and distributed in accordance with
Section 
53A-17a-127
, except as otherwise provided in this section or Section 
53A-17a-126.5
.
(2) (a) The Utah Schools for the Deaf and the Blind shall use [
its
] 
an
 allocation of pupil
transportation money to pay for transportation of [
their
] students based on current valid
contractual arrangements and best transportation options and methods as determined by the
schools.
(b) All student transportation costs of the schools shall be paid from the allocation of
pupil transportation money specified in statute.
(3) (a) A [
school district
] 
local school board
 may only claim eligible transportation
costs as legally reported on the prior year's annual financial report submitted under Section
53A-3-404
.
(b) The state shall contribute 85% of approved transportation costs, subject to budget
constraints.
(c) If in a fiscal year the total transportation allowance for all 
school
 districts exceeds
the amount appropriated for that purpose, all allowances shall be reduced pro rata to equal not
more than the amount appropriated.
Section 20. Section 
53A-17a-127
 is amended to read:
53A-17a-127.
Eligibility for state-supported transportation -- Approved bus
routes -- Additional local tax.
(1) A student eligible for state-supported transportation means:
(a) a student enrolled in kindergarten through grade six who lives at least 1-1/2 miles
from school;
(b) a student enrolled in grades seven through 12 who lives at least two miles from
school; and
(c) a student enrolled in a special program offered by a school district and approved by
the State Board of Education for trainable, motor, multiple-disability, or other students with
severe disabilities who are incapable of walking to school or where it is unsafe for students to
walk because of their disabling condition, without reference to distance from school.
(2) If a school district implements double sessions as an alternative to new building
construction, with the approval of the State Board of Education, those affected elementary
school students residing less than 1-1/2 miles from school may be transported one way to or
from school because of safety factors relating to darkness or other hazardous conditions as
determined by the local school board.
(3) (a) The State Board of Education shall distribute transportation money to school
districts based on:
(i) an allowance per mile for approved bus routes;
(ii) an allowance per hour for approved bus routes; and
(iii) a minimum allocation for each school district eligible for transportation funding.
(b) The State Board of Education shall distribute appropriated transportation funds
based on the prior year's eligible transportation costs as legally reported under Subsection
53A-17a-126
(3).
(c) The State Board of Education shall annually review the allowance per mile and the
allowance per hour and adjust the allowances to reflect current economic conditions.
(4) (a) Approved bus routes for funding purposes shall be determined on fall data
collected by October 1.
(b) Approved route funding shall be determined on the basis of the most efficient and
economic routes.
(5) A Transportation Advisory Committee with representation from [
local
] school
district
 superintendents, business officials, school district transportation supervisors, and [
the
state superintendent's staff
] 
State Board of Education employees
 shall serve as a review
committee for addressing school transportation needs, including recommended approved bus
routes.
(6) (a) Except as provided in Subsection (6)(e), a local school board may provide for the
transportation of students regardless of the distance from school, from:
(i) general funds of the 
school
 district; and
(ii) a tax rate not to exceed .0003 per dollar of taxable value [
imposed on the district.
]
levied by the local school board.
(b) A local school board may use revenue from the tax described in Subsection (6)(a)(ii)
to pay for transporting students and for the replacement of school buses.
(c) (i) If a local school board levies a tax under Subsection (6)(a)(ii) of at least .0002,
the state may contribute an amount not to exceed 85% of the state average cost per mile,
contingent upon the Legislature appropriating funds for a state contribution.
(ii) The [
state superintendent's staff
] 
State Board of Education's employees
 shall
distribute the state contribution according to rules enacted by the State Board of Education.
(d) (i) The amount of state guarantee money [
which
] 
that
 a school district would
otherwise be entitled to receive under Subsection (6)(c) may not be reduced for the sole reason
that the 
school
 district's levy is reduced as a consequence of changes in the certified tax rate
under Section 
59-2-924
 due to changes in property valuation.
(ii) Subsection (6)(d)(i) applies for a period of two years following the change in the
certified tax rate.
(e) Beginning January 1, 2012, a local school board may not impose a tax in accordance
with this Subsection (6).
(7) (a) (i) If a local school board expends an amount of revenue equal to at least .0002
per dollar of taxable value of the school district's board local levy imposed under Section
53A-17a-164
 for the uses described in Subsection (6)(b), the state may contribute an amount
not to exceed 85% of the state average cost per mile, contingent upon the Legislature
appropriating funds for a state contribution.
(ii) The [
state superintendent's staff
] 
State Board of Education's employees
 shall
distribute the state contribution according to rules enacted by the State Board of Education.
(b) (i) The amount of state guarantee money that a school district would otherwise be
entitled to receive under Subsection (7)(a) may not be reduced for the sole reason that the
school
 district's levy is reduced as a consequence of changes in the certified tax rate under
Section 
59-2-924
 due to changes in property valuation.
(ii) Subsection (7)(b)(i) applies for a period of two years following the change in the
certified tax rate.
Section 21. Section 
53A-17a-133
 is amended to read:
53A-17a-133.
State-supported voted local levy authorized -- Election
requirements -- State guarantee -- Reconsideration of the program.
(1) As used in this section, "voted and board local levy funding balance" means the
difference between:
(a) the amount appropriated for the voted and board local levy program in a fiscal year;
and
(b) the amount necessary to provide the state guarantee per weighted pupil unit as
determined under this section and Section 
53A-17a-164
 in the same fiscal year.
(2) An election to consider adoption or modification of a voted local levy is required if
initiative petitions signed by 10% of the number of electors who voted at the last preceding
general election are presented to the local school board or by action of the 
local school
 board.
(3) (a) (i) To impose a voted local levy, a majority of the electors of a 
school
 district
voting at an election in the manner set forth in Subsections (9) and (10) must vote in favor of a
special tax.
(ii) The tax rate may not exceed .002 per dollar of taxable value.
(b) Except as provided in Subsection (3)(c), in order to receive state support the first
year, a 
school
 district [
must
] 
shall
 receive voter approval no later than December 1 of the year
prior to implementation.
(c) Beginning on or after January 1, 2012, a school district may receive state support in
accordance with Subsection (4) without complying with the requirements of Subsection (3)(b) if
the local school board imposed a tax in accordance with this section during the taxable year
beginning on January 1, 2011 and ending on December 31, 2011.
(4) (a) In addition to the revenue [
a school district collects
] 
collected
 from the
imposition of a levy pursuant to this section, the state shall contribute an amount sufficient to
guarantee $35.55 per weighted pupil unit for each .0001 of the first .0016 per dollar of taxable
value.
(b) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar
of taxable value under Subsection (4)(a) shall apply to the portion of the board local levy
authorized in Section 
53A-17a-164
, so that the guarantee shall apply up to a total of .002 per
dollar of taxable value if a [
school district
] 
local school board
 levies a tax rate under both
programs.
(c) (i) Beginning July 1, 2015, the $35.55 guarantee under Subsections (4)(a) and (b)
shall be indexed each year to the value of the weighted pupil unit for the grades 1 through 12
program by making the value of the guarantee equal to .011962 times the value of the prior
year's weighted pupil unit for the grades 1 through 12 program.
(ii) The guarantee shall increase by .0005 times the value of the prior year's weighted
pupil unit for the grades 1 through 12 program for each succeeding year subject to the
Legislature appropriating funds for an increase in the guarantee.
(d) (i) The amount of state guarantee money to which a school district would otherwise
be entitled to receive under this Subsection (4) may not be reduced for the sole reason that the
school
 district's levy is reduced as a consequence of changes in the certified tax rate under
Section 
59-2-924
 pursuant to changes in property valuation.
(ii) Subsection (4)(d)(i) applies for a period of five years following any such change in
the certified tax rate.
(e) The guarantee provided under this section does not apply to the portion of a voted
local levy rate that exceeds the voted local levy rate that was in effect for the previous fiscal
year, unless an increase in the voted local levy rate was authorized in an election conducted on
or after July 1 of the previous fiscal year and before December 2 of the previous fiscal year.
(f) (i) If a voted and board local levy funding balance exists for the prior fiscal year, the
State Board of Education shall:
(A) use the voted and board local levy funding balance to increase the value of the state
guarantee per weighted pupil unit described in Subsection (4)(c) in the current fiscal year; and
(B) distribute the state contribution to the voted and board local levy programs to
school districts based on the increased value of the state guarantee per weighted pupil unit
described in Subsection (4)(f)(i)(A).
(ii) The State Board of Education shall report action taken under this Subsection (4)(f)
to the Office of the Legislative Fiscal Analyst and the Governor's Office of Management and
Budget.
(5) (a) An election to modify an existing voted local levy is not a reconsideration of the
existing authority unless the proposition submitted to the electors expressly so states.
(b) A majority vote opposing a modification does not deprive the [
district
] 
local school
board
 of authority to continue the levy.
(c) If adoption of a voted local levy is contingent upon an offset reducing other local
school board levies, the 
local school
 board [
must
] 
shall
 allow the electors, in an election, to
consider modifying or discontinuing the imposition of the levy prior to a subsequent increase in
other levies that would increase the total local school board levy.
(d) Nothing contained in this section terminates, without an election, the authority of a
[
school district
] 
local school board
 to continue imposing an existing voted local levy previously
authorized by the voters as a voted leeway program.
(6) Notwithstanding Section 
59-2-919
, a [
school district
] 
local school board
 may
budget an increased amount of ad valorem property tax revenue derived from a voted local levy
imposed under this section in addition to revenue from eligible new growth as defined in Section
59-2-924
, without having to comply with the notice requirements of Section 
59-2-919
, if:
(a) the voted local levy is approved:
(i) in accordance with Subsections (9) and (10) on or after January 1, 2003; and
(ii) within the four-year period immediately preceding the year in which the [
school
district
] 
local school board
 seeks to budget an increased amount of ad valorem property tax
revenue derived from the voted local levy; and
(b) for a voted local levy approved or modified in accordance with this section on or
after January 1, 2009, the [
school district
] 
local school board
 complies with the requirements of
Subsection (8).
(7) Notwithstanding Section 
59-2-919
, a [
school district
] 
local school board
 may levy a
tax rate under this section that exceeds the certified tax rate without having to comply with the
notice requirements of Section 
59-2-919
 if:
(a) the levy exceeds the certified tax rate as the result of a [
school district
] 
local school
board
 budgeting an increased amount of ad valorem property tax revenue derived from a voted
local levy imposed under this section;
(b) the voted local levy was approved:
(i) in accordance with Subsections (9) and (10) on or after January 1, 2003; and
(ii) within the four-year period immediately preceding the year in which the [
school
district
] 
local school board
 seeks to budget an increased amount of ad valorem property tax
revenue derived from the voted local levy; and
(c) for a voted local levy approved or modified in accordance with this section on or
after January 1, 2009, the [
school district
] 
local school board
 complies with requirements of
Subsection (8).
(8) For purposes of Subsection (6)(b) or (7)(c), the proposition submitted to the
electors regarding the adoption or modification of a voted local levy shall contain the following
statement:
"A vote in favor of this tax means that [
(name of the school district)
] 
the local school
board of [name of the school district]
 may increase revenue from this property tax without
advertising the increase for the next five years."
(9) (a) Before [
imposing
] 
a local school board may impose
 a property tax levy pursuant
to this section, a [
school district
] 
local school board
 shall submit an opinion question to the
school district's registered voters voting on the imposition of the tax rate so that each registered
voter has the opportunity to express the registered voter's opinion on whether the tax rate
should be imposed.
(b) The election required by this Subsection (9) shall be held:
(i) at a regular general election conducted in accordance with the procedures and
requirements of Title 20A, Election Code, governing regular elections;
(ii) at a municipal general election conducted in accordance with the procedures and
requirements of Section 
20A-1-202
; or
(iii) at a local special election conducted in accordance with the procedures and
requirements of Section 
20A-1-203
.
(c) Notwithstanding the requirements of Subsections (9)(a) and (b), beginning on or
after January 1, 2012, a 
[
school district
] 
local school board
 may levy a tax rate in accordance
with this section without complying with the requirements of Subsections (9)(a) and (b) if the
[
school district
] 
local school board
 imposed a tax in accordance with this section at any time
during the taxable year beginning on January 1, 2011, and ending on December 31, 2011.
(10) If a [
school district
] 
local school board
 determines that a majority of the school
district's registered voters voting on the imposition of the tax rate have voted in favor of the
imposition of the tax rate in accordance with Subsection (9), the [
school district
] 
local school
board
 may impose the tax rate.
Section 22. Section 
53A-17a-134
 is amended to read:
53A-17a-134.
Board-approved leeway -- Purpose -- State support -- Disapproval.
(1) Except as provided in Subsection (9), a local school board may levy a tax rate of up
to .0004 per dollar of taxable value to maintain a school program above the cost of the basic
school program as follows:
(a) a local school board shall use the money generated by the tax for class size
reduction within the school district;
(b) if a local school board determines that the average class size in the school district is
not excessive, [
it
] 
the local school board
 may use the money for other school purposes but only
if the 
local school
 board has declared the use for other school purposes in a public meeting prior
to levying the tax rate; and
(c) a [
district
] 
local school board
 may not use the money for other school purposes
under Subsection (1)(b) until [
it
] 
the local school board
 has certified in writing that [
its
] 
the
local school board's
 class size needs are already being met and 
the local school board
 has
identified the other school purposes for which the money will be used to the State Board of
Education and the [
state board
] 
State Board of Education
 has approved [
their
] 
the local school
board's
 use for other school purposes.
(2) (a) The state shall contribute an amount sufficient to guarantee $27.36 per weighted
pupil unit for each .0001 per dollar of taxable value.
(b) The guarantee shall increase in the same manner as provided for the voted local levy
guarantee in Subsection 
53A-17a-133
(4)(c).
(c) (i) The amount of state guarantee money to which a school district would otherwise
be entitled to under this Subsection (2) may not be reduced for the sole reason that the 
school
district's levy is reduced as a consequence of changes in the certified tax rate under Section
59-2-924
 pursuant to changes in property valuation.
(ii) Subsection (2)(c)(i) applies for a period of five years following any such change in
the certified tax rate.
(d) The guarantee provided under this section does not apply to:
(i) a board-authorized leeway in the first fiscal year the [
leeway
] 
levy
 is in effect, unless
the [
leeway
] 
levy
 was approved by voters pursuant to Subsections (4) through (6); or
(ii) the portion of a board-authorized [
leeway
] 
levy
 rate that is in excess of the
board-authorized leeway rate that was in effect for the previous fiscal year.
(3) The levy authorized under this section is not in addition to the maximum rate of
.002 authorized in Section 
53A-17a-133
, but is a board-authorized component of the total tax
rate under that section.
(4) As an exception to Section 
53A-17a-133
, the board-authorized levy does not
require voter approval, but the 
local school
 board may require voter approval if requested by a
majority of the 
local school
 board.
(5) An election to consider disapproval of the board-authorized levy is required, if
within 60 days after the levy is established by the 
local school
 board, referendum petitions
signed by the number of legal voters required in Section 
20A-7-301
, who reside within the
school district, are filed with the [
school district
] 
local school board
.
(6) (a) A local school board shall establish its board-approved levy by April 1 to have
the levy apply to the fiscal year beginning July 1 in that same calendar year except that if an
election is required under this section, the levy applies to the fiscal year beginning July 1 of the
next calendar year.
(b) 
(i)
 The approval and disapproval votes authorized in Subsections (4) and (5) shall
occur at a general election in even-numbered years, except that a vote required under this
section in odd-numbered years shall occur at a special election held on a day in odd-numbered
years that corresponds to the general election date.
(ii)
 The school district shall pay for the cost of a special election.
(7) (a) Modification or termination of a voter-approved leeway rate authorized under
this section is governed by Section 
53A-17a-133
.
(b) A board-authorized [
leeway
] 
levy
 rate may be modified or terminated by a majority
vote of the 
local school
 board subject to disapproval procedures specified in this section.
(8) A board
-authorized
 levy election does not require publication of a voter information
pamphlet.
(9) Beginning January 1, 2012, a local school board may not levy a tax in accordance
with this section.
Section 23. Section 
53A-17a-135
 is amended to read:
53A-17a-135.
Minimum basic tax rate -- Certified revenue levy.
(1) As used in this section, "basic levy increment rate" means a tax rate that will
generate an amount of revenue equal to $75,000,000.
(2) (a) [
In order to
] 
To
 qualify for receipt of the state contribution toward the basic
program and as [
its
] 
a school district's
 contribution toward [
its
] 
the school district's
 costs of the
basic program, each [
school district
] 
local school board
 shall impose a minimum basic tax rate
per dollar of taxable value that generates $392,266,800 in revenues statewide.
(b) The preliminary estimate for the 2016-17 minimum basic tax rate is .001695.
(c) The State Tax Commission shall certify on or before June 22 the rate that generates
$392,266,800 in revenues statewide.
(d) If the minimum basic tax rate exceeds the certified revenue levy as defined in
Section 
53A-17a-103
, the state is subject to the notice requirements of Section 
59-2-926
.
(3) [
(a)
] The state shall contribute to each 
school
 district toward the cost of the basic
program in the 
school
 district that portion [
which
] 
that
 exceeds the proceeds of the difference
between:
[
(i)
] 
(a)
 the minimum basic tax rate to be imposed under Subsection (2); and
[
(ii)
] 
(b)
 the basic levy increment rate.
[
(b) In accordance with the state strategic plan for public education and to fulfill its
responsibility for the development and implementation of that plan, the Legislature instructs the
State Board of Education, the governor, and the Office of Legislative Fiscal Analyst in each of
the coming five years to develop budgets that will fully fund student enrollment growth.
]
(4) (a) If the difference described in Subsection (3)[
(a)
] equals or exceeds the cost of
the basic program in a school district, no state contribution shall be made to the basic program.
(b) The proceeds of the difference described in Subsection (3)[
(a)
] that exceed the cost
of the basic program shall be paid into the Uniform School Fund as provided by law.
(5) The State Board of Education shall:
(a) deduct from state funds that a school district is authorized to receive under this
chapter an amount equal to the proceeds generated within the school district by the basic levy
increment rate; and
(b) deposit the money described in Subsection (5)(a) into the Minimum Basic Growth
Account created in Section 
53A-17a-135.1
.
Section 24. Section 
53A-17a-139
 is amended to read:
53A-17a-139.
Loss in student enrollment -- Board action.
To avoid penalizing a school district financially for an excessive loss in student
enrollment due to factors beyond its control, the State Board of Education may allow a
percentage increase in units otherwise allowable during any year when a 
school
 district's
average daily membership drops more than 4% below the average for the highest two of the
preceding three years in the 
school
 district.
Section 25. Section 
53A-17a-140
 is amended to read:
53A-17a-140.
Contracts with teachers.
A school district may not enter into contracts with teachers that would prevent the
school
 district from paying differential salaries or putting limitations on an individual salary paid
in order to fill a shortage in specific teaching areas.
Section 26. Section 
53A-17a-141
 is amended to read:
53A-17a-141.
Alternative programs.
(1) Since the State Board of Education has adopted a policy that requires 
school
districts 
and charter schools
 to grant credit for proficiency through alternative programs, school
districts 
and charter schools
 are encouraged to continue and expand [
their
] 
school district and
charter school
 cooperation with accredited institutions through performance contracts for
educational services, particularly where it is beneficial to students whose progress could be
better served through alternative programs.
(2) School districts 
and charter schools
 are encouraged to participate in programs that
focus on increasing the number of ethnic minority and female students in the secondary schools
who will go on to study mathematics, engineering, or related sciences at an institution of higher
education.
Section 27. Section 
53A-17a-143
 is amended to read:
53A-17a-143.
Federal Impact Aid Program -- Offset for underestimated
allocations from the Federal Impact Aid Program.
(1) In addition to the revenues received from the levy imposed by [
each school district
]
a local school board
 and authorized by the Legislature under Section 
53A-17a-135
, the
Legislature shall provide an amount equal to the difference between the 
school
 district's
anticipated receipts under the entitlement for the fiscal year from the Federal Impact Aid
Program and the amount the 
school
 district actually received from this source for the next
preceding fiscal year.
(2) If at the end of a fiscal year the sum of the receipts of a school district from a
distribution from the Legislature pursuant to Subsection (1) plus the school district's allocations
from the Federal Impact Aid Program for that fiscal year exceeds the amount allocated to the
school
 district from the Federal Impact Aid Program for the next preceding fiscal year, the
excess funds are carried into the next succeeding fiscal year and become in that year a part of
the 
school
 district's contribution to [
its
] 
the school district's
 basic program for operation and
maintenance under the state minimum school finance law.
(3) During [
that year
] the 
next succeeding fiscal year described in Subsection (2), the
school
 district's required tax rate for the basic program shall be reduced so that the yield from
the reduced tax rate plus the carryover funds equal the 
school
 district's required contribution to
[
its
] 
the school district's
 basic program.
(4) [
A district that reduces its
] 
For the school district of a local school board that is
required to reduce the school district's
 basic tax rate under this section
, the school district
 shall
receive state minimum school program funds as though the reduction in the tax rate had not
been made.
Section 28. Section 
53A-17a-144
 is amended to read:
53A-17a-144.
Contribution of state to cost of minimum school program --
Determination of amounts -- Levy on taxable property -- Disbursal -- Deficiency.
The state's contribution to the total cost of the minimum school program is determined
and distributed as follows:
(1) The State Tax Commission shall levy an amount determined by the Legislature on
all taxable property of the state.
(a) This amount, together with other funds provided by law, is the state's contribution
to the minimum school program.
(b) The statewide levy is set at zero until changed by the Legislature.
(2) During the first week in November, the State Tax Commission shall certify to the
State Board of Education the amounts designated as state aid for each 
school
 district under
Section 
59-2-902
.
(3) (a) The actual amounts computed under Section 
59-2-902
 are the state's
contribution to the minimum school program of each 
school
 district.
(b) The [
state board
] 
State Board of Education
 shall provide each [
district
] 
local
education board
 with a statement of the amount of state aid.
(4) [
Prior to
] 
Before
 the first day of each month, the state treasurer and the Division of
Finance, with the approval of the State Board of Education, shall disburse 1/12 of the state's
contribution to the cost of the minimum school program to each school district 
and each charter
school
.
(a) [
A disbursement may not be made to a district
] 
The State Board of Education may
not make a disbursement to a school district or charter school
 whose payments have been
interrupted under Subsection (4)(d).
(b) Discrepancies between the monthly disbursements and the actual cost of the
program shall be adjusted in the final settlement under Subsection (5).
(c) If the monthly distributions overdraw the money in the Uniform School Fund, the
Division of Finance is authorized to run this fund in a deficit position.
(d) The [
state board
] 
State Board of Education
 may interrupt disbursements to a 
school
district 
or charter school
 if, in the judgment of the [
board
] 
State Board of Education
, the 
school
district 
or charter school
 is failing to comply with the minimum school program, is operating
programs that are not approved by the [
state board
] 
State Board of Education
, or has not
submitted reports required by law or the [
state board
] 
State Board of Education
.
(i) Disbursements shall be resumed upon request of the [
state board
] 
State Board of
Education
.
(ii) Back disbursements shall be included in the next regular disbursement, and the
amount disbursed certified to the State Division of Finance and state treasurer by the [
state
board
] 
State Board of Education
.
(e) The State Board of Education may authorize exceptions to the 1/12 per month
disbursement formula for grant funds if the [
board
] 
State Board of Education
 determines that a
different disbursement formula would better serve the purposes of the grant.
(5) (a) If money in the Uniform School Fund is insufficient to meet the state's
contribution to the minimum school program as appropriated, the amount of the deficiency thus
created shall be carried as a deficiency in the Uniform School Fund until the next session of the
Legislature, at which time the Legislature shall appropriate funds to cover the deficiency.
(b) If there is an operating deficit in public education Uniform School Fund
appropriations, the Legislature shall eliminate the deficit by:
(i) budget transfers or other legal means;
(ii) appropriating money from the Education Budget Reserve Account;
(iii) appropriating up to 25% of the balance in the General Fund Budget Reserve
Account; or
(iv) some combination of Subsections (5)(b)(i), (ii), and (iii).
(c) Nothing in Subsection (5)(b) precludes the Legislature from appropriating more
than 25% of the balance in the General Fund Budget Reserve Account to fund operating deficits
in public education appropriations.
Section 29. Section 
53A-17a-145
 is amended to read:
53A-17a-145.
Additional levy by local school board for debt service, school sites,
buildings, buses, textbooks, and supplies.
(1) Except as provided in Subsection (5), a [
school district
] 
local school board
 may
elect to increase [
its
] 
the school district's
 tax rate by up to 10% of the cost of the basic program.
(2) The proceeds from the increase may only be used for debt service, the construction
or remodeling of school buildings, or the purchase of school sites, buses, equipment, textbooks,
and supplies.
(3) This section does not prohibit a 
school
 district 
or local school board
 from exercising
the authority granted by other laws relating to tax rates.
(4) This increase in the tax rate is not included in determining the apportionment of the
State School Fund, and is in addition to other tax rates authorized by law.
(5) Beginning January 1, 2012, a 
local
 school [
district
] 
board
 may not:
(a) levy a tax rate in accordance with this section; or
(b) increase its tax rate as described in Subsection (1).
Section 30. Section 
53A-17a-146
 is amended to read:
53A-17a-146.
Reduction of local education board allocation based on insufficient
revenues.
(1) As used in this section, "Minimum School Program funds" means the total of state
and local funds appropriated for the minimum school program, excluding:
(a) the state-supported voted local levy program pursuant to Section 
53A-17a-133
;
(b) the state-supported board local levy program pursuant to Section 
53A-17a-164
; and
(c) the appropriation to charter schools to replace local property tax revenues pursuant
to Section 
53A-1a-513
.
(2) If the Legislature reduces appropriations made to support public schools under this
chapter because an Education Fund budget deficit, as defined in Section 
63J-1-312
, exists, the
State Board of Education, after consultation with each [
school district and charter school
] 
local
education board
, shall allocate the reduction among school districts and charter schools in
proportion to each school district's or charter school's percentage share of Minimum School
Program funds.
(3) Except as provided in Subsection (5) and subject to the requirements of Subsection
(7), a [
school district or charter school
] 
local education board
 shall determine which programs
are affected by a reduction pursuant to Subsection (2) and the amount each program is reduced.
(4) Except as provided in Subsections (5) and (6), the requirement to spend a specified
amount in any particular program is waived if reductions are made pursuant to Subsection (2).
(5) A [
school district or charter school
] 
local education board
 may not reduce or
reallocate spending of funds distributed to the school district or charter school for the following
programs:
(a) educator salary adjustments provided in Section 
53A-17a-153
;
(b) the Teacher Salary Supplement Program provided in Section 
53A-17a-156
;
(c) the extended year for special educators provided in Section 
53A-17a-158
;
(d) USTAR centers provided in Section 
53A-17a-159
;
(e) the School LAND Trust Program created in Section 
53A-16-101.5
; or
(f) a special education program within the Basic School Program.
(6) A [
school district or charter school
] 
local education board
 may not reallocate
spending of funds distributed to the school district or charter school to a reserve account.
(7) A [
school district or charter school
] 
local education board
 that reduces or
reallocates funds in accordance with this section shall report all transfers into, or out of,
Minimum School Program programs to the State Board of Education as part of the school
district or charter school's Annual Financial and Program report.
Section 31. Section 
53A-17a-150
 is amended to read:
53A-17a-150.
K-3 Reading Improvement Program.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Five domains of reading" include phonological awareness, phonics, fluency,
comprehension, and vocabulary.
(c) "Program" means the K-3 Reading Improvement Program.
(d) "Program money" means:
(i) school district revenue allocated to the program from other money available to the
school district, except money provided by the state, for the purpose of receiving state funds
under this section; and
(ii) money appropriated by the Legislature to the program.
(2) The K-3 Reading Improvement Program consists of program money and is created
to supplement other school resources to achieve the state's goal of having third graders reading
at or above grade level.
(3) Subject to future budget constraints, the Legislature may annually appropriate
money to the K-3 Reading Improvement Program.
(4) (a) [
To
] 
For a school district or charter school to
 receive program money, a [
school
district or charter school must
] 
local education board shall
 submit a plan to the board for
reading proficiency improvement that incorporates the following components:
(i) assessment;
(ii) intervention strategies;
(iii) professional development for classroom teachers in kindergarten through grade
three;
(iv) reading performance standards; and
(v) specific measurable goals that include the following:
(A) a growth goal for each school within a school district and each charter school based
upon student learning gains as measured by benchmark assessments administered pursuant to
Section 
53A-1-606.6
; and
(B) a growth goal for each school district and charter school to increase the percentage
of third grade students who read on grade level from year to year as measured by the third
grade reading test administered pursuant to Section 
53A-1-603
.
(b) The board shall provide model plans [
which a school district or charter school
] 
that
a local education board
 may use, or the [
school district or charter school
] 
local education board
may develop [
its
] 
the local education board's
 own plan.
(c) Plans developed by a [
school district or charter school
] 
local education board
 shall
be approved by the board.
(d) The board shall develop uniform standards for acceptable growth goals that a
[
school district or charter school
] 
local education board
 adopts 
for a school district or charter
school
 as described in this Subsection (4).
(5) (a) There is created within the K-3 Reading Achievement Program three funding
programs:
(i) the Base Level Program;
(ii) the Guarantee Program; and
(iii) the Low Income Students Program.
(b) The board may use no more than $7,500,000 from an appropriation described in
Subsection (3) for computer-assisted instructional learning and assessment programs.
(6) Money appropriated to the board for the K-3 Reading Improvement Program and
not used by the board for computer-assisted instructional learning and assessments as described
in Subsection (5)(b), shall be allocated to the three funding programs as follows:
(a) 8% to the Base Level Program;
(b) 46% to the Guarantee Program; and
(c) 46% to the Low Income Students Program.
(7) (a) [
To
] 
For a school district or charter school to
 participate in the Base Level
Program, [
a school district or charter school
] 
the local education board
 shall submit a reading
proficiency improvement plan to the board as provided in Subsection (4) and must receive
approval of the plan from the board.
(b) (i) [
Each
] 
The local school board of a
 school district qualifying for Base Level
Program funds and the 
governing boards of
 qualifying elementary charter schools combined
shall receive a base amount.
(ii) The base amount for the qualifying elementary charter schools combined shall be
allocated among each 
charter
 school in an amount proportionate to:
(A) each existing charter school's prior year fall enrollment in grades kindergarten
through grade three; and
(B) each new charter school's estimated fall enrollment in grades kindergarten through
grade three.
(8) (a) A [
school district
] 
local school board
 that applies for program money in excess
of the Base Level Program funds shall choose to first participate in either the Guarantee
Program or the Low Income Students Program.
(b) A school district must fully participate in either the Guarantee Program or the Low
Income Students Program before [
it
] 
the local school board
 may elect 
for the school district
 to
either fully or partially participate in the other program.
(c) [
To
] 
For a school district to
 fully participate in the Guarantee Program, [
a school
district
] 
the local school board
 shall allocate to the program money available to the school
district, except money provided by the state, equal to the amount of revenue that would be
generated by a tax rate of .000056.
(d) [
To
] 
For a school district to
 fully participate in the Low Income Students Program,
[
a school district
] 
the local school board
 shall allocate to the program money available to the
school district, except money provided by the state, equal to the amount of revenue that would
be generated by a tax rate of .000065.
(e) (i) The board shall verify that a [
school district
] 
local school board
 allocates the
money required in accordance with Subsections (8)(c) and (d) before [
it
] 
the local school board
distributes funds in accordance with this section.
(ii) The State Tax Commission shall provide the board the information the board needs
in order to comply with Subsection (8)(e)(i).
(9) (a) Except as provided in Subsection (9)(c), 
the local school board of
 a school
district that fully participates in the Guarantee Program shall receive state funds in an amount
that is:
(i) equal to the difference between $21 [
times the
] 
multiplied by the school
 district's
total WPUs and the revenue the [
school district
] 
local school board
 is required to allocate under
Subsection (8)(c) 
for the school district
 to fully participate in the Guarantee Program; and
(ii) not less than $0.
(b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
under the Guarantee Program an amount equal to $21 times the 
elementary charter
 school's
total WPUs.
(c) The board may adjust the $21 guarantee amount described in Subsections (9)(a) and
(b) to account for actual appropriations and money used by the board for computer-assisted
instructional learning and assessments.
(10) The board shall distribute Low Income Students Program funds in an amount
proportionate to the number of students in each school district or charter school who qualify for
free or reduced price school lunch multiplied by two.
(11) A school district that partially participates in the Guarantee Program or Low
Income Students Program shall receive program funds based on the amount of school district
revenue allocated to the program as a percentage of the amount of revenue that could have been
allocated if the school district had fully participated in the program.
(12) (a) A [
school district or charter school
] 
local education board
 shall use program
money for reading proficiency improvement interventions in grades kindergarten through grade
3 that have proven to significantly increase the percentage of students reading at grade level,
including:
(i) reading assessments; and
(ii) focused reading remediations that may include:
(A) the use of reading specialists;
(B) tutoring;
(C) before or after school programs;
(D) summer school programs; or
(E) the use of reading software; or
(F) the use of interactive computer software programs for literacy instruction and
assessments for students.
(b) A [
school district or charter school
] 
local education board
 may use program money
for portable technology devices used to administer reading assessments.
(c) Program money may not be used to supplant funds for existing programs, but may
be used to augment existing programs.
(13) (a) Each [
school district and charter school
] 
local education board
 shall annually
submit a report to the board accounting for the expenditure of program money in accordance
with its plan for reading proficiency improvement.
(b) If a [
school district or charter school
] 
local education board
 uses program money in
a manner that is inconsistent with Subsection (12), the school district or charter school is liable
for reimbursing the board for the amount of program money improperly used, up to the amount
of program money received from the board.
(14) (a) The board shall make rules to implement the program.
(b) (i) The rules under Subsection (14)(a) shall require each [
school district or charter
school
] 
local education board
 to annually report progress in meeting [
school and school district
]
goals stated in the school district's or charter school's plan for student reading proficiency.
(ii) If a school does not meet or exceed the school's goals, the [
school district or charter
school
] 
local education board
 shall prepare a new plan which corrects deficiencies.
(iii)
 The new plan [
must
] 
described in Subsection (14)(b)(ii) shall
 be approved by the
board before the [
school district or charter school
] 
local education board
 receives an allocation
for the next year.
(15) (a) If for two consecutive school years, a school district fails to meet [
its
] 
the
school district's
 goal to increase the percentage of third grade students who read on grade level
as measured by the third grade reading test administered pursuant to Section 
53A-1-603
, the
school district shall terminate any levy imposed under Section 
53A-17a-151
 and may not
receive money appropriated by the Legislature for the K-3 Reading Improvement Program.
(b) If for two consecutive school years, a charter school fails to meet [
its
] 
the charter
school's
 goal to increase the percentage of third grade students who read on grade level as
measured by the third grade reading test administered pursuant to Section 
53A-1-603
, the
charter school may not receive money appropriated by the Legislature for the K-3 Reading
Improvement Program.
(16) The board shall make an annual report to the Public Education Appropriations
Subcommittee that:
(a) includes information on:
(i) student learning gains in reading for the past school year and the five-year trend;
(ii) the percentage of third grade students reading on grade level in the past school year
and the five-year trend;
(iii) the progress of schools and school districts in meeting goals stated in a school
district's or charter school's plan for student reading proficiency; and
(iv) the correlation between third grade students reading on grade level and results of
third grade language arts scores on a criterion-referenced test or computer adaptive test; and
(b) may include recommendations on how to increase the percentage of third grade
students who read on grade level.
Section 32. Section 
53A-17a-151
 is amended to read:
53A-17a-151.
Board leeway for reading improvement.
(1) Except as provided in Subsection (4), a local school board may levy a tax rate of up
to .000121 per dollar of taxable value for funding the school district's K-3 Reading
Improvement Program created under Section 
53A-17a-150
.
(2) The levy authorized under this section:
(a) is in addition to any other levy or maximum rate;
(b) does not require voter approval; and
(c) may be modified or terminated by a majority vote of the 
local school
 board.
(3) A local school board shall establish [
its
] 
a local school
 board-approved levy under
this section by June 1 to have the levy apply to the fiscal year beginning July 1 in that same
calendar year.
(4) Beginning January 1, 2012, a local school board may not levy a tax in accordance
with this section.
Section 33. Section 
53A-17a-153
 is amended to read:
53A-17a-153.
Educator salary adjustments.
(1) As used in this section, "educator" means a person employed by a school district,
charter school, or the Utah Schools for the Deaf and the Blind who holds:
(a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
Practices Act; and
(b) a position as a:
(i) classroom teacher;
(ii) speech pathologist;
(iii) librarian or media specialist;
(iv) preschool teacher;
(v) mentor teacher;
(vi) teacher specialist or teacher leader;
(vii) guidance counselor;
(viii) audiologist;
(ix) psychologist; or
(x) social worker.
(2) In recognition of the need to attract and retain highly skilled and dedicated
educators, the Legislature shall annually appropriate money for educator salary adjustments,
subject to future budget constraints.
(3) Money appropriated to the State Board of Education for educator salary
adjustments shall be distributed to school districts, charter schools, and the Utah Schools for the
Deaf and the Blind in proportion to the number of full-time-equivalent educator positions in a
school district, a charter school, or the Utah Schools for the Deaf and the Blind as compared to
the total number of full-time-equivalent educator positions in school districts, charter schools,
and the Utah Schools for the Deaf and the Blind.
(4) School districts, charter schools, and the Utah Schools for the Deaf and the Blind
shall award bonuses to educators as follows:
(a) the amount of the salary adjustment shall be the same for each full-time-equivalent
educator position in the school district, charter school, or the Utah Schools for the Deaf and the
Blind;
(b) a person who is not a full-time educator shall receive a partial salary adjustment
based on the number of hours the person works as an educator; and
(c) salary adjustments may be awarded only to educators who have received a
satisfactory rating or above on their most recent evaluation.
(5) (a) Each [
school district and charter school
] 
local education board
 and the Utah
Schools for the Deaf and the Blind shall submit a report to the State Board of Education on
how the money for salary adjustments was spent, including the amount of the salary adjustment
and the number of full and partial salary adjustments awarded.
(b) The State Board of Education shall compile the information reported under
Subsection (5) and submit it to the Public Education Appropriations Subcommittee by
November 30 each year.
(6) The State Board of Education may make rules as necessary to administer this
section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(7) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
money each year to:
(i) maintain educator salary adjustments provided in prior years; and
(ii) provide educator salary adjustments to new employees.
(b) Money appropriated for educator salary adjustments shall include money for the
following employer-paid benefits:
(i) retirement;
(ii) worker's compensation;
(iii) Social Security; and
(iv) Medicare.
(8) (a) Subject to future budget constraints, the Legislature shall:
(i) maintain the salary adjustments provided to school administrators in the 2007-08
school year; and
(ii) provide salary adjustments for new school administrators in the same amount as
provided for existing school administrators.
(b) The appropriation provided for educator salary adjustments shall include salary
adjustments for school administrators as specified in Subsection (8)(a).
(c) In distributing and awarding salary adjustments for school administrators, the State
Board of Education, school districts, charter schools, and the Utah Schools for the Deaf and the
Blind shall comply with the requirements for the distribution and award of educator salary
adjustments as provided in Subsections (3) and (4).
Section 34. Section 
53A-17a-159
 is amended to read:
53A-17a-159.
 Utah Science Technology and Research Initiative Centers
Program.
(1) (a) The Utah Science Technology and Research Initiative (USTAR) Centers
Program is created to provide a financial incentive for [
charter schools and school districts
]
local education boards
 to adopt programs 
in respective charter schools and school districts
 that
result in a more efficient use of human resources and capital facilities.
(b) The potential benefits of the program include:
(i) increased compensation for math and science teachers by providing opportunities for
an expanded contract year which will enhance school districts' and charter schools' ability to
attract and retain talented and highly qualified math and science teachers;
(ii) increased capacity of school buildings by using buildings more hours of the day or
more days of the year, resulting in reduced capital facilities costs;
(iii) decreased class sizes created by expanding the number of instructional
opportunities in a year;
(iv) opportunities for earlier high school graduation;
(v) improved student college preparation;
(vi) increased opportunities to offer additional remedial and advanced courses in math
and science;
(vii) opportunities to coordinate high school and post-secondary math and science
education; and
(viii) the creation or improvement of science, technology, engineering, and math centers
(STEM Centers).
(2) From money appropriated for the USTAR Centers Program, the State Board of
Education shall award grants to charter schools and school districts to pay for costs related to
the adoption and implementation of the program.
(3) The State Board of Education shall:
(a) solicit proposals from the State Charter School Board and [
school districts
] 
local
school boards
 for the use of grant money to facilitate the adoption and implementation of the
program; and
(b) award grants on a competitive basis.
(4) The State Charter School Board shall:
(a) solicit proposals from charter [
schools
] 
school governing boards
 that may be
interested in participating in the USTAR Centers Program;
(b) prioritize [
the charter school proposals and consolidate them
] 
and consolidate the
proposals
 into the equivalent of a single school district request; and
(c) submit the consolidated request to the State Board of Education.
(5) In selecting a grant recipient, the State Board of Education shall consider:
(a) the degree to which a charter school or school district's proposed adoption and
implementation of an extended year for math and science teachers achieves the benefits
described in Subsection (1);
(b) the unique circumstances of different urban, rural, large, small, growing, and
declining charter schools and school districts; and
(c) providing pilot programs in as many different school districts and charter schools as
possible.
(6) (a) Except as provided in Subsection (6)(b), a school district or charter school may
only use grant money to provide full year teacher contracts, part-time teacher contract
extensions, or combinations of both, for math and science teachers.
(b) Up to 5% of the grant money may be used to fund math and science field trips,
textbooks, and supplies.
(7) Participation in the USTAR Centers Program shall be:
(a) voluntary for an individual teacher; and
(b) voluntary for a charter school or school district.
[
(8) The State Board of Education shall make an annual report during the 2009, 2010,
and 2011 interims to the Public Education Appropriations Subcommittee describing the
program's impact on students and its effectiveness at achieving the benefits described in
Subsection (1).
]
Section 35. Section 
53A-17a-165
 is amended to read:
53A-17a-165.
Enhancement for Accelerated Students Program.
(1) As used in this section, "eligible low-income student" means a student who:
(a) takes an Advanced Placement test;
(b) has applied for an Advanced Placement test fee reduction; and
(c) qualifies for a free lunch or a lunch provided at reduced cost.
(2) The State Board of Education shall distribute money appropriated for the
Enhancement for Accelerated Students Program to school districts and charter schools
according to a formula adopted by the State Board of Education, after consultation with [
school
districts and charter schools
] 
local education boards
.
(3) A distribution formula adopted under Subsection (2) may include an allocation of
money for:
(a) Advanced Placement courses;
(b) Advanced Placement test fees of eligible low-income students;
(c) gifted and talented programs, including professional development for teachers of
high ability students; and
(d) International Baccalaureate programs.
(4) The greater of 1.5% or $100,000 of the appropriation for the Enhancement for
Accelerated Students Program may be allowed for International Baccalaureate programs.
(5) A school district or charter school shall use money distributed under this section to
enhance the academic growth of students whose academic achievement is accelerated.
(6) (a) The State Board of Education shall develop performance criteria to measure the
effectiveness of the Enhancement for Accelerated Students Program and make an annual report
to the Public Education Appropriations Subcommittee on the effectiveness of the program.
(b) In the report required by Subsection (6)(a), the State Board of Education shall
include data showing the use and impact of money allocated for Advanced Placement test fees
of eligible low-income students.
Section 36. Section 
53A-17a-166
 is amended to read:
53A-17a-166.
Enhancement for At-Risk Students Program.
(1) (a) Subject to the requirements of Subsection (1)(b), the State Board of Education
shall distribute money appropriated for the Enhancement for At-Risk Students Program to
school districts and charter schools according to a formula adopted by the State Board of
Education, after consultation with [
school districts and charter schools
] 
local education boards
.
(b) (i) The State Board of Education shall appropriate $1,200,000 from the
appropriation for Enhancement for At-Risk Students for a gang prevention and intervention
program designed to help students at-risk for gang involvement stay in school.
(ii) Money for the gang prevention and intervention program shall be distributed to
school districts and charter schools through a request for proposals process.
(2) In establishing a distribution formula under Subsection (1)(a), the State Board of
Education shall use the following criteria:
(a) low performance on U-PASS tests;
(b) poverty;
(c) mobility; and
(d) limited English proficiency.
(3) A [
school district or charter school
] 
local education board
 shall use money
distributed under this section to improve the academic achievement of students who are at risk
of academic failure.
(4) The State Board of Education shall develop performance criteria to measure the
effectiveness of the Enhancement for At-Risk Students Program and make an annual report to
the Public Education Appropriations Subcommittee on the effectiveness of the program.
Section 37. Section 
53A-17a-167
 is amended to read:
53A-17a-167.
Early intervention program -- Enhanced kindergarten program --
Educational technology.
(1) The State Board of Education shall, as described in Subsection (4), distribute funds
appropriated under this section for an enhanced kindergarten program described in Subsection
(2), to school districts and charter schools that apply for the funds.
(2) A [
school district or charter school
] 
local education board
 shall use funds
appropriated in this section 
for a school district or charter school
 to offer an early intervention
program, delivered through an enhanced kindergarten program that:
(a) is an academic program focused on building age-appropriate literacy and numeracy
skills;
(b) uses an evidence-based early intervention model;
(c) is targeted to at-risk students; and
(d) is delivered through additional hours or other means.
(3) A [
school district or charter school
] 
local education board
 may not require a student
to participate in an enhanced kindergarten program described in Subsection (2).
(4) The State Board of Education shall distribute funds appropriated under this section
for an enhanced kindergarten program described in Subsection (2) as follows:
(a) (i) the total allocation for charter schools shall be calculated by:
(A) dividing the number of charter school students by the total number of students in
the public education system in the prior school year; and
(B) multiplying the resulting percentage by the total amount of available funds; and
(ii) the amount calculated under Subsection (4)(a) shall be distributed to charter schools
with the greatest need for an enhanced kindergarten program, as determined by the State Board
of Education in consultation with the State Charter School Board;
(b) each school district shall receive the amount calculated by:
(i) multiplying the value of the weighted pupil unit by 0.45; and
(ii) multiplying the result by 20; and
(c) the remaining funds, after the allocations described in Subsections (4)(a) and (4)(b)
are made, shall be distributed to applicant school districts by:
(i) determining the number of students eligible to receive free lunch in the prior school
year for each school district; and
(ii) prorating the remaining funds based on the number of students eligible to receive
free lunch in each 
school
 district.
(5) In addition to an enhanced kindergarten program described in Subsection (2), the
early intervention program includes a component to address early reading through the use of
early interactive reading software.
(6) (a) Subject to legislative appropriations, the State Board of Education shall select
and contract with one or more technology providers, through a request for proposals process,
to provide early interactive reading software for literacy instruction and assessments for
students in kindergarten through grade 3.
(b) By August 1 of each year, the State Board of Education shall distribute licenses for
early interactive reading software described in Subsection (6)(a) to 
the
 school districts and
charter schools 
of local education boards
 that apply for the licenses.
(c) Except as provided in Subsection (7)(c), a school district or charter school that
received a license described in Subsection (6)(b) during the prior year shall be given first priority
to receive an equivalent license during the current year.
(d) Licenses distributed to school districts and charter schools in addition to the licenses
described in Subsection (6)(c) shall be distributed through a competitive process.
(7) (a) As used in this Subsection (7), "dosage" means amount of instructional time.
(b) A public school that receives a license described in Subsection (6)(b) shall use the
license:
(i) for a student in kindergarten or grade 1:
(A) for intervention for the student if the student is reading below grade level; or
(B) for advancement beyond grade level for the student if the student is reading at or
above grade level;
(ii) for a student in grade 2 or 3, for intervention for the student if the student is reading
below grade level; and
(iii) in accordance with the technology provider's dosage recommendations.
(c) A public school that does not use the early interactive reading software in
accordance with the technology provider's dosage recommendations for two consecutive years
may not continue to receive a license.
(8) (a) On or before August 1 of each year, the State Board of Education shall select
and contract with an independent evaluator, through a request for proposals process, to act as
an independent contractor to evaluate early interactive reading software provided under this
section.
(b) The State Board of Education shall ensure that a contract with an independent
evaluator requires the independent evaluator to:
(i) evaluate a student's learning gains as a result of using early interactive reading
software provided under Subsection (6);
(ii) for the evaluation under Subsection (8)(b)(i), use an assessment that is not
developed by a provider of early interactive reading software; and
(iii) determine the extent to which a public school uses the early interactive reading
software in accordance with a technology provider's dosage recommendations under Subsection
(7).
(c) The State Board of Education and the independent evaluator selected under
Subsection (8)(a) shall report annually on the results of the evaluation to the Education Interim
Committee and the governor.
(d) The State Board of Education may use up to 4% of the appropriation provided
under Subsection (6)(a) to contract with an independent evaluator selected under Subsection
(8)(a).
Section 38. Section 
53A-17a-171
 is amended to read:
53A-17a-171.
 Intergenerational Poverty Interventions Grant Program --
Definitions -- Grant requirements -- Reporting requirements.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Eligible student" means a student who is classified as a child affected by
intergenerational poverty.
(c) "Intergenerational poverty" has the same meaning as in Section 
35A-9-102
.
(d) "Local Education Agency" or "LEA" means a school district or charter school.
(e) "Program" means the Intergenerational Poverty Interventions Grant Program
created in Subsection (2).
(2) The Intergenerational Poverty Interventions Grant Program is created to provide
grants to eligible LEAs to fund additional educational opportunities 
at eligible LEAs,
 for eligible
students, outside of the regular school day offerings.
(3) Subject to future budget constraints, the board shall distribute to LEAs money
appropriated for the program in accordance with this section.
(4) The board shall:
(a) solicit proposals from [
LEAs
] 
local education boards
 to receive money under the
program; and
(b) award grants to [
LEAs
] 
a local education board on behalf of an LEA
 based on
criteria described in Subsection (5).
(5) In awarding a grant under Subsection (4), the board shall consider:
(a) the percentage of an LEA's students that are classified as children affected by
intergenerational poverty;
(b) the level of administrative support and leadership at an eligible LEA to effectively
implement, monitor, and evaluate the program; and
(c) an LEA's commitment and ability to work with the Department of Workforce
Services, the Department of Health, the Department of Human Services, and the juvenile courts
to provide services to the LEA's eligible students.
(6) To receive a grant under the program[
, an LEA
] 
on behalf of an LEA, a local
education board
 shall submit a proposal to the board detailing:
(a) the LEA's strategy to implement the program, including the LEA's strategy to
improve the academic achievement of children affected by intergenerational poverty;
(b) the LEA's strategy for coordinating with and engaging the Department of
Workforce Services to provide services for the LEA's eligible students;
(c) the number of students the LEA plans to serve, categorized by age and
intergenerational poverty status;
(d) the number of students, eligible students, and schools the LEA plans to fund with
the grant money; and
(e) the estimated cost per student.
(7) (a) The board shall annually report to the Utah Intergenerational Welfare Reform
Commission, created in Section 
35A-9-301
, by November 30 of each year, on:
(i) the progress of LEA programs using grant money;
(ii) the progress of LEA programs in improving the academic achievement of children
affected by intergenerational poverty; and
(iii) the LEA's coordination efforts with the Department of Workforce Services, the
Department of Health, the Department of Human Services, and the juvenile courts.
(b) The board shall provide the report described in Subsection (7)(a) to the Education
Interim Committee upon request.
(c) [
LEAs that receive
] 
An LEA that receives
 grant money pursuant to this section shall
provide to the board information that is necessary for the board's report described in Subsection
(7)(a).
Section 39. Section 
63J-1-220
 is amended to read:
63J-1-220.
Reporting related to pass through money distributed by state
agencies.
(1) As used in this section:
(a) "Local government entity" means a county, municipality, school district, local
district under Title 17B, Limited Purpose Local Government Entities - Local Districts, special
service district under Title 17D, Chapter 1, Special Service District Act, or any other political
subdivision of the state.
(b) (i) "Pass through funding" means money appropriated by the Legislature to a state
agency that is intended to be passed through the state agency to one or more:
(A) local government entities;
(B) private organizations, including not-for-profit organizations; or
(C) persons in the form of a loan or grant.
(ii) "Pass through funding" may be:
(A) general funds, dedicated credits, or any combination of state funding sources; and
(B) ongoing or one-time.
(c) "Recipient entity" means a local government entity or private entity, including a
nonprofit entity, that receives money by way of pass through funding from a state agency.
(d) "State agency" means a department, commission, board, council, agency, institution,
officer, corporation, fund, division, office, committee, authority, laboratory, library, unit,
bureau, panel, or other administrative unit of the executive branch of the state.
(e) (i) "State money" means money that is owned, held, or administered by a state
agency and derived from state fees or tax revenues.
(ii) "State money" does not include contributions or donations received by a state
agency.
(2) A state agency may not provide a recipient entity state money through pass through
funding unless:
(a) the state agency enters into a written agreement with the recipient entity; and
(b) the written agreement described in Subsection (2)(a) requires the recipient entity to
provide the state agency:
(i) a written description and an itemized report at least annually detailing the
expenditure of the state money, or the intended expenditure of any state money that has not
been spent; and
(ii) a final written itemized report when all the state money is spent.
(3) A state agency shall provide to the Governor's Office of Management and Budget a
copy of a written description or itemized report received by the state agency under Subsection
(2).
(4) Notwithstanding Subsection (2), a state agency is not required to comply with this
section to the extent that the pass through funding is issued:
(a) under a competitive award process;
(b) in accordance with a formula enacted in statute;
(c) in accordance with a state program under parameters in statute or rule that guides
the distribution of the pass through funding; or
(d) under the authority of the minimum school program, as defined in Subsection
53A-17a-103
[
(4)
]
(7)
(e).