Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 11 (2018GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 1/24/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reorganizes and renumbers certain provisions of the public education code related to public education system funding;
• defines terms;
• enacts provisions related to public education for organizational purposes;
• reenacts provisions related to public education for organizational purposes;
• repeals provisions related to public education for organizational purposes; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC EDUCATION RECODIFICATION - FUNDING
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
Ann Millner
Cosponsors:
LaVar Christensen
Kim F. Coleman
Bruce R. Cutler
Justin L. Fawson
Francis D. Gibson
Eric K. Hutchings
Bradley G. Last
Daniel McCay
Carol Spackman Moss
Michael E. Noel
Marie H. Poulson
V. Lowry Snow
Raymond P. Ward
Mark A. Wheatley
LONG TITLE
General Description:
This bill reorganizes and renumbers certain provisions of the public education code
related to public education system funding.
Highlighted Provisions:
This bill:
▸ reorganizes and renumbers certain provisions of the public education code related to
public education system funding;
▸ defines terms;
▸ enacts provisions related to public education for organizational purposes;
▸ reenacts provisions related to public education for organizational purposes;
▸ repeals provisions related to public education for organizational purposes; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
ENACTS:
53F-1-101
, Utah Code Annotated 1953
53F-1-102
, Utah Code Annotated 1953
53F-1-103
, Utah Code Annotated 1953
53F-2-101
, Utah Code Annotated 1953
53F-2-303
, Utah Code Annotated 1953
53F-2-601
, Utah Code Annotated 1953
53F-2-602
, Utah Code Annotated 1953
53F-2-701
, Utah Code Annotated 1953
53F-2-704
, Utah Code Annotated 1953
53F-3-101
, Utah Code Annotated 1953
53F-3-204
, Utah Code Annotated 1953
53F-4-101
, Utah Code Annotated 1953
53F-4-102
, Utah Code Annotated 1953
53F-4-203
, Utah Code Annotated 1953
53F-5-101
, Utah Code Annotated 1953
53F-5-102
, Utah Code Annotated 1953
53F-6-101
, Utah Code Annotated 1953
53F-6-102
, Utah Code Annotated 1953
53F-6-303
, Utah Code Annotated 1953
53F-7-101
, Utah Code Annotated 1953
53F-7-102
, Utah Code Annotated 1953
53F-7-301
, Utah Code Annotated 1953
53F-8-101
, Utah Code Annotated 1953
53F-8-102
, Utah Code Annotated 1953
53F-8-403
, Utah Code Annotated 1953
53F-9-101
, Utah Code Annotated 1953
53F-9-102
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53F-2-102
, (Renumbered from 53A-17a-103, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-103
, (Renumbered from 53A-17a-102, as renumbered and amended by Laws of
Utah 1991, Chapter 72)
53F-2-201
, (Renumbered from 53A-17a-136, as last amended by Laws of Utah 2011,
Chapter 371)
53F-2-202
, (Renumbered from 53A-17a-144, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-203
, (Renumbered from 53A-17a-146, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-204
, (Renumbered from 53A-17a-147, as last amended by Laws of Utah 2003,
Chapter 221)
53F-2-205
, (Renumbered from 53A-17a-105, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-206
, (Renumbered from 53A-17a-105.5, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-207
, (Renumbered from 53A-17a-139, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-301
, (Renumbered from 53A-17a-135, as last amended by Laws of Utah 2017,
Chapters 6 and 173)
53F-2-302
, (Renumbered from 53A-17a-106, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-304
, (Renumbered from 53A-17a-109, as last amended by Laws of Utah 2017,
Chapters 173 and 316)
53F-2-305
, (Renumbered from 53A-17a-107, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-306
, (Renumbered from 53A-17a-108, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-307
, (Renumbered from 53A-17a-111, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-308
, (Renumbered from 53A-17a-112, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-309
, (Renumbered from 53A-17a-112.1, as enacted by Laws of Utah 2016,
Chapter 246)
53F-2-310
, (Renumbered from 53A-17a-158, as enacted by Laws of Utah 2008,
Chapter 397)
53F-2-311
, (Renumbered from 53A-17a-113, as last amended by Laws of Utah 2017,
Chapters 173 and 316)
53F-2-312
, (Renumbered from 53A-17a-124.5, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-313
, (Renumbered from 53A-17a-116, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-401
, (Renumbered from 53A-17a-119, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-402
, (Renumbered from 53A-17a-126, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-403
, (Renumbered from 53A-17a-127, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-404
, (Renumbered from 53A-16-101.5, as last amended by Laws of Utah 2016,
Chapter 172)
53F-2-405
, (Renumbered from 53A-17a-153, as last amended by Laws of Utah 2017,
Chapters 173 and 372)
53F-2-406
, (Renumbered from 53A-17a-154, as last amended by Laws of Utah 2010,
Chapter 3)
53F-2-407
, (Renumbered from 53A-17a-155, as last amended by Laws of Utah 2010,
Chapter 3)
53F-2-408
, (Renumbered from 53A-17a-165, as last amended by Laws of Utah 2017,
Chapters 173 and 372)
53F-2-409
, (Renumbered from 53A-15-1707, as enacted by Laws of Utah 2016,
Chapter 200)
53F-2-410
, (Renumbered from 53A-17a-166, as last amended by Laws of Utah 2017,
Chapters 173, 372, and 378)
53F-2-411
, (Renumbered from 53A-17a-168, as last amended by Laws of Utah 2017,
Chapter 372)
53F-2-412
, (Renumbered from 53A-17a-126.5, as enacted by Laws of Utah 2016,
Chapter 214)
53F-2-413
, (Renumbered from 53A-17a-141, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-501
, (Renumbered from 53A-15-102, as last amended by Laws of Utah 2017,
Chapters 359 and 382)
53F-2-502
, (Renumbered from 53A-15-105, as enacted by Laws of Utah 2008, Chapter
235)
53F-2-503
, (Renumbered from 53A-17a-150, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-504
, (Renumbered from 53A-17a-156, as last amended by Laws of Utah 2017,
Chapters 56 and 316)
53F-2-505
, (Renumbered from 53A-17a-159, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-506
, (Renumbered from 53A-17a-162, as last amended by Laws of Utah 2016,
Chapter 188)
53F-2-507
, (Renumbered from 53A-17a-167, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-508
, (Renumbered from 53A-17a-169, as last amended by Laws of Utah 2015,
Chapter 456)
53F-2-509
, (Renumbered from 53A-17a-170, as enacted by Laws of Utah 2013,
Chapter 381)
53F-2-510
, (Renumbered from 53A-1-1505, as enacted by Laws of Utah 2016, Chapter
318)
53F-2-511
, (Renumbered from 53A-17a-174, as enacted by Laws of Utah 2017,
Chapter 202)
53F-2-512
, (Renumbered from 53A-17a-112.2, as enacted by Laws of Utah 2017,
Chapter 357)
53F-2-513
, (Renumbered from 53A-17a-173, as enacted by Laws of Utah 2017,
Chapter 325 and last amended by Coordination Clause, Laws of Utah 2017, Chapter
378)
53F-2-514
, (Renumbered from 53A-1a-601, as last amended by Laws of Utah 2015,
Chapter 258)
53F-2-515
, (Renumbered from 53A-17a-143, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-516
, (Renumbered from 53A-15-104, as last amended by Laws of Utah 2014,
Chapter 63)
53F-2-517
, (Renumbered from 53A-17a-124, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-518
, (Renumbered from 53A-17a-125, as last amended by Laws of Utah 2017,
Chapter 173)
53F-2-702
, (Renumbered from 53A-1a-513, as last amended by Laws of Utah 2016,
Chapter 229)
53F-2-703
, (Renumbered from 53A-1a-513.1, as enacted by Laws of Utah 2016,
Chapter 229)
53F-2-705
, (Renumbered from 53A-1a-513.5, as enacted by Laws of Utah 2012,
Chapter 318)
53F-3-102
, (Renumbered from 53A-21-101.5, as last amended by Laws of Utah 2011,
Chapter 371)
53F-3-201
, (Renumbered from 53A-21-102, as last amended by Laws of Utah 2008,
Chapter 236)
53F-3-202
, (Renumbered from 53A-21-202, as last amended by Laws of Utah 2010,
Chapter 185)
53F-3-203
, (Renumbered from 53A-21-302, as enacted by Laws of Utah 2008, Chapter
236)
53F-4-201
, (Renumbered from 53A-1-606.7, as last amended by Laws of Utah 2015,
Chapters 372 and 415)
53F-4-202
, (Renumbered from 53A-1-613, as last amended by Laws of Utah 2017,
Chapter 378)
53F-4-204
, (Renumbered from 53A-1-415, as enacted by Laws of Utah 2017, Chapter
350 and last amended by Coordination Clause, Laws of Utah 2017, Chapter 350)
53F-4-205
, (Renumbered from 53A-15-2003, as enacted by Laws of Utah 2017,
Chapter 72)
53F-4-206
, (Renumbered from 53A-1a-110, as enacted by Laws of Utah 2012, Chapter
412)
53F-4-301
, (Renumbered from 53A-1a-703, as last amended by Laws of Utah 2015,
Chapter 374)
53F-4-301.5
, (Renumbered from 53A-1a-702, as enacted by Laws of Utah 2005,
Chapter 35)
53F-4-302
, (Renumbered from 53A-1a-704, as last amended by Laws of Utah 2017,
Chapter 43)
53F-4-303
, (Renumbered from 53A-1a-705, as last amended by Laws of Utah 2016,
Chapter 44)
53F-4-304
, (Renumbered from 53A-1a-706, as last amended by Laws of Utah 2015,
Chapter 374)
53F-4-305
, (Renumbered from 53A-1a-707, as last amended by Laws of Utah 2008,
Chapter 382)
53F-4-306
, (Renumbered from 53A-1a-708, as last amended by Laws of Utah 2015,
Chapter 374)
53F-4-307
, (Renumbered from 53A-1a-709, as last amended by Laws of Utah 2015,
Chapter 374)
53F-4-308
, (Renumbered from 53A-1a-710, as enacted by Laws of Utah 2005, Chapter
35)
53F-4-401
, (Renumbered from 53A-1a-1001, as last amended by Laws of Utah 2017,
Chapter 468)
53F-4-402
, (Renumbered from 53A-1a-1002, as last amended by Laws of Utah 2017,
Chapter 468)
53F-4-403
, (Renumbered from 53A-1a-1003, as last amended by Laws of Utah 2017,
Chapter 468)
53F-4-404
, (Renumbered from 53A-1a-1004, as last amended by Laws of Utah 2017,
Chapter 468)
53F-4-405
, (Renumbered from 53A-1a-1005, as enacted by Laws of Utah 2008,
Chapter 397)
53F-4-406
, (Renumbered from 53A-1a-1006, as enacted by Laws of Utah 2008,
Chapter 397)
53F-4-407
, (Renumbered from 53A-1a-1007, as enacted by Laws of Utah 2008,
Chapter 397)
53F-4-501
, (Renumbered from 53A-15-1202, as last amended by Laws of Utah 2012,
Chapter 238)
53F-4-502
, (Renumbered from 53A-15-1203, as enacted by Laws of Utah 2011,
Chapter 419)
53F-4-503
, (Renumbered from 53A-15-1204, as last amended by Laws of Utah 2017,
Chapter 444)
53F-4-504
, (Renumbered from 53A-15-1205, as last amended by Laws of Utah 2015,
Chapter 404)
53F-4-505
, (Renumbered from 53A-15-1206, as last amended by Laws of Utah 2015,
Chapter 415)
53F-4-506
, (Renumbered from 53A-15-1206.5, as enacted by Laws of Utah 2012,
Chapter 238)
53F-4-507
, (Renumbered from 53A-15-1207, as last amended by Laws of Utah 2017,
Chapter 472)
53F-4-508
, (Renumbered from 53A-15-1208, as last amended by Laws of Utah 2017,
Chapter 444)
53F-4-509
, (Renumbered from 53A-15-1209, as last amended by Laws of Utah 2017,
Chapter 444)
53F-4-510
, (Renumbered from 53A-15-1210, as enacted by Laws of Utah 2011,
Chapter 419)
53F-4-511
, (Renumbered from 53A-15-1211, as last amended by Laws of Utah 2012,
Chapter 238)
53F-4-512
, (Renumbered from 53A-15-1212, as last amended by Laws of Utah 2012,
Chapter 238)
53F-4-513
, (Renumbered from 53A-15-1212.5, as enacted by Laws of Utah 2012,
Chapter 238)
53F-4-514
, (Renumbered from 53A-15-1213, as enacted by Laws of Utah 2011,
Chapter 419)
53F-4-515
, (Renumbered from 53A-15-1214, as enacted by Laws of Utah 2011,
Chapter 419)
53F-4-516
, (Renumbered from 53A-15-1216, as enacted by Laws of Utah 2012,
Chapter 238)
53F-4-517
, (Renumbered from 53A-15-1217, as enacted by Laws of Utah 2012,
Chapter 238)
53F-5-201
, (Renumbered from 53A-1-708, as last amended by Laws of Utah 2017,
Chapters 30 and 378)
53F-5-202
, (Renumbered from 53A-6-114, as enacted by Laws of Utah 2016, Chapter
217)
53F-5-203
, (Renumbered from 53A-15-106, as enacted by Laws of Utah 2015, Chapter
431)
53F-5-204
, (Renumbered from 53A-15-1601, as enacted by Laws of Utah 2015,
Chapter 149)
53F-5-205
, (Renumbered from 53A-6-802, as last amended by Laws of Utah 2010,
Chapter 286)
53F-5-206
, (Renumbered from 53A-15-1303, as enacted by Laws of Utah 2017,
Chapter 346)
53F-5-207
, (Renumbered from 53A-17a-171, as last amended by Laws of Utah 2017,
Chapter 173)
53F-5-208
, (Renumbered from 53A-3-402.11, as last amended by Laws of Utah 2008,
Chapter 382)
53F-5-301
, (Renumbered from 53A-1b-202, as enacted by Laws of Utah 2016, Chapter
336)
53F-5-302
, (Renumbered from 53A-1b-203, as enacted by Laws of Utah 2016, Chapter
336)
53F-5-303
, (Renumbered from 53A-1b-204, as enacted by Laws of Utah 2016, Chapter
336)
53F-5-304
, (Renumbered from 53A-1b-205, as enacted by Laws of Utah 2016, Chapter
336)
53F-5-305
, (Renumbered from 53A-1b-206, as enacted by Laws of Utah 2016, Chapter
336)
53F-5-306
, (Renumbered from 53A-1b-207, as enacted by Laws of Utah 2016, Chapter
336)
53F-5-307
, (Renumbered from 53A-1b-208, as enacted by Laws of Utah 2016, Chapter
336)
53F-5-401
, (Renumbered from 53A-4-302, as enacted by Laws of Utah 2016, Chapter
331)
53F-5-402
, (Renumbered from 53A-4-303, as enacted by Laws of Utah 2016, Chapter
331)
53F-5-403
, (Renumbered from 53A-4-304, as enacted by Laws of Utah 2016, Chapter
331)
53F-5-404
, (Renumbered from 53A-4-305, as enacted by Laws of Utah 2016, Chapter
331)
53F-5-405
, (Renumbered from 53A-4-306, as enacted by Laws of Utah 2016, Chapter
331)
53F-5-406
, (Renumbered from 53A-4-307, as enacted by Laws of Utah 2016, Chapter
331)
53F-5-501
, (Renumbered from 53A-15-1802, as enacted by Laws of Utah 2016,
Chapter 347)
53F-5-502
, (Renumbered from 53A-15-1803, as enacted by Laws of Utah 2016,
Chapter 347)
53F-5-503
, (Renumbered from 53A-15-1804, as enacted by Laws of Utah 2016,
Chapter 347)
53F-5-504
, (Renumbered from 53A-15-1805, as enacted by Laws of Utah 2016,
Chapter 347)
53F-5-505
, (Renumbered from 53A-15-1806, as enacted by Laws of Utah 2016,
Chapter 347)
53F-5-506
, (Renumbered from 53A-15-1807, as enacted by Laws of Utah 2016,
Chapter 347)
53F-5-507
, (Renumbered from 53A-15-1808, as enacted by Laws of Utah 2016,
Chapter 347)
53F-5-601
, (Renumbered from 53A-31-402, as enacted by Laws of Utah 2016, Chapter
63)
53F-5-602
, (Renumbered from 53A-31-403, as last amended by Laws of Utah 2017,
Chapter 317)
53F-5-603
, (Renumbered from 53A-31-404, as enacted by Laws of Utah 2016, Chapter
63)
53F-5-604
, (Renumbered from 53A-31-405, as last amended by Laws of Utah 2017,
Chapter 317)
53F-6-201
, (Renumbered from 53A-13-106.5, as enacted by Laws of Utah 2016,
Chapter 169)
53F-6-202
, (Renumbered from 53A-1-709, as last amended by Laws of Utah 2015,
Chapter 415)
53F-6-301
, (Renumbered from 53A-1b-102, as enacted by Laws of Utah 2014, Chapter
304)
53F-6-302
, (Renumbered from 53A-1b-103, as enacted by Laws of Utah 2014, Chapter
304)
53F-6-304
, (Renumbered from 53A-1b-105, as last amended by Laws of Utah 2016,
Chapter 336)
53F-6-305
, (Renumbered from 53A-1b-106, as enacted by Laws of Utah 2014, Chapter
304)
53F-6-306
, (Renumbered from 53A-1b-107, as enacted by Laws of Utah 2014, Chapter
304)
53F-6-307
, (Renumbered from 53A-1b-108, as enacted by Laws of Utah 2014, Chapter
304)
53F-6-308
, (Renumbered from 53A-1b-109, as enacted by Laws of Utah 2014, Chapter
304)
53F-6-309
, (Renumbered from 53A-1b-110, as enacted by Laws of Utah 2014, Chapter
304)
53F-6-310
, (Renumbered from 53A-1b-111, as enacted by Laws of Utah 2014, Chapter
304)
53F-7-201
, (Renumbered from 53A-13-206, as enacted by Laws of Utah 1988, Chapter
2)
53F-8-201
, (Renumbered from 53A-16-106, as last amended by Laws of Utah 2016,
Chapters 350 and 367)
53F-8-202
, (Renumbered from 53A-16-108, as last amended by Laws of Utah 1993,
Chapter 227)
53F-8-203
, (Renumbered from 53A-16-109, as enacted by Laws of Utah 1988, Chapter
2)
53F-8-301
, (Renumbered from 53A-17a-133, as last amended by Laws of Utah 2017,
Chapter 173)
53F-8-302
, (Renumbered from 53A-17a-164, as last amended by Laws of Utah 2016,
Chapters 229, 350, and 367)
53F-8-303
, (Renumbered from 53A-16-113, as last amended by Laws of Utah 2017,
Chapter 181)
53F-8-401
, (Renumbered from 53A-16-107, as last amended by Laws of Utah 2014,
Chapter 189)
53F-8-402
, (Renumbered from 53A-16-110, as last amended by Laws of Utah 2011,
Chapter 371)
53F-8-404
, (Renumbered from 53A-17a-134, as last amended by Laws of Utah 2017,
Chapter 173)
53F-8-405
, (Renumbered from 53A-17a-145, as last amended by Laws of Utah 2017,
Chapter 173)
53F-8-406
, (Renumbered from 53A-17a-151, as last amended by Laws of Utah 2017,
Chapter 173)
53F-9-201
, (Renumbered from 53A-16-101, as last amended by Laws of Utah 2016,
Chapter 172)
53F-9-202
, (Renumbered from 53A-16-103, as enacted by Laws of Utah 1988, Chapter
2)
53F-9-203
, (Renumbered from 53A-1a-522, as enacted by Laws of Utah 2011, Chapter
30)
53F-9-204
, (Renumbered from 53A-16-112, as enacted by Laws of Utah 2001, Chapter
215)
53F-9-205
, (Renumbered from 53A-16-115, as enacted by Laws of Utah 2016, Chapter
172)
53F-9-206
, (Renumbered from 53A-21-401, as last amended by Laws of Utah 2011,
Chapters 30 and 303)
53F-9-301
, (Renumbered from 53A-1a-513.2, as enacted by Laws of Utah 2016,
Chapter 229)
53F-9-302
, (Renumbered from 53A-17a-135.1, as enacted by Laws of Utah 2015,
Chapter 287)
53F-9-303
, (Renumbered from 53A-20b-301, as enacted by Laws of Utah 2012,
Chapter 201)
53F-9-304
, (Renumbered from 53A-13-114, as enacted by Laws of Utah 2017, Chapter
455)
53F-9-401
, (Renumbered from 53A-1-304, as last amended by Laws of Utah 2011,
Chapter 303)
53F-9-402
, (Renumbered from 53A-1b-104, as enacted by Laws of Utah 2014, Chapter
304)
53F-9-501
, (Renumbered from 53A-15-207, as enacted by Laws of Utah 2017, Chapter
166)
REPEALS:
53A-1-1502
, as enacted by Laws of Utah 2016, Chapter 318
53A-1-1503
, as renumbered and amended by Laws of Utah 2016, Chapter 318
53A-1-1504
, as enacted by Laws of Utah 2016, Chapter 318
53A-1-1506
, as enacted by Laws of Utah 2016, Chapter 318
53A-1-1507
, as enacted by Laws of Utah 2016, Chapter 318
53A-6-801
, as enacted by Laws of Utah 2008, Chapter 144
53A-6-901
, as last amended by Laws of Utah 2015, Chapter 1
53A-15-1201.5
, as enacted by Laws of Utah 2012, Chapter 238
53A-15-2002
, as enacted by Laws of Utah 2017, Chapter 72
53A-17a-131.17
, as last amended by Laws of Utah 2015, Chapter 276
53A-21-201
, as last amended by Laws of Utah 2010, Chapter 185
53A-21-301
, as last amended by Laws of Utah 2010, Chapter 185
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-1-101
 is enacted to read:
TITLE 53F. PUBLIC EDUCATION SYSTEM -- FUNDING
CHAPTER 1. TITLE PROVISIONS
Part 1. General Provisions
 53F-1-101.
Title.
(1) This title is known as "Public Education System -- Funding."
(2) This chapter is known as "Title Provisions."
Section 2. Section 
53F-1-102
 is enacted to read:
 53F-1-102.
Public education code definitions.
The terms defined in Section 
53E-1-102
 apply to this title.
Section 3. Section 
53F-1-103
 is enacted to read:
 53F-1-103.
Title 53F definitions.
Reserved
Section 4. Section 
53F-2-101
 is enacted to read:
CHAPTER 2. STATE FUNDING -- MINIMUM SCHOOL PROGRAM
Part 1. General Provisions
 53F-2-101.
Title.
This chapter is known as "State Funding -- Minimum School Program."
Section 5. Section 
53F-2-102
, which is renumbered from Section 53A-17a-103 is
renumbered and amended to read:
[
53A-17a-103
].
 53F-2-102.
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
]
53F-2-301
; 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
] 
53G-5-102
, 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.
(6) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
(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 (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 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 education board may reallocate up to 32 instructional hours or four
school days established under Subsection (7)(c) for teacher preparation time or teacher
professional development.
(ii) A reallocation of instructional hours or school days under Subsection (7)(d)(i) is
subject to the approval of two-thirds of the members of a local education board voting in a
regularly scheduled meeting:
(A) at which a quorum of the local education board is present; and
(B) held in compliance with Title 52, Chapter 4, Open and Public Meetings Act.
(iii) If a local education board reallocates instructional hours or school days as
provided by this Subsection (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 (7)(d) is considered part of a
school term referred to in Subsection (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.
(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 6. Section 
53F-2-103
, which is renumbered from Section 53A-17a-102 is
renumbered and amended to read:
[
53A-17a-102
].
 53F-2-103.
Purpose of chapter.
(1) The purpose of this chapter is to provide a minimum school program for the state in
accordance with the constitutional mandate. It recognizes that all children of the state are
entitled to reasonably equal educational opportunities regardless of their place of residence in
the state and of the economic situation of their respective school districts or other agencies.
(2) It further recognizes that although the establishment of an educational system is
primarily a state function, school districts should be required to participate on a partnership
basis in the payment of a reasonable portion of the cost of a minimum program.
(3) It is also the purpose of this chapter to describe the manner in which the state and
the school districts shall pay their respective share of the costs of a minimum program. This
chapter also recognizes that each locality should be empowered to provide educational facilities
and opportunities beyond the minimum program and accordingly provide a method whereby
that latitude of action is permitted and encouraged.
Section 7. Section 
53F-2-201
, which is renumbered from Section 53A-17a-136 is
renumbered and amended to read:
Part 2. General Administration of the Minimum School Program 
[
53A-17a-136
].
 53F-2-201.
Cost of operation and maintenance of minimum
school program -- Division between state and school districts.
(1) The total cost of operation and maintenance of the minimum school program in the
state is divided between the state and school districts as follows:
(a) Each school district shall impose a minimum basic tax rate on all taxable, tangible
property in the school district and shall contribute the tax proceeds toward the cost of the basic 
program as provided in this chapter.
(b) Each school district may also impose a levy 
under Section 
53F-8-301
 or 
53F-8-302
for the purpose of participating in the 
respective
 levy programs provided in Section
[
53A-17a-133
] 
53F-2-601
 or [
53A-17a-164
] 
53F-2-602
.
(c) The state shall contribute the balance of the total costs.
(2) The contributions by the school districts and by the state are computed separately
for the purpose of determining their respective contributions to the basic program and to the 
levy programs provided in Section [
53A-17a-133
] 
53F-2-601
 or [
53A-17a-164
] 
53F-2-602
.
Section 8. Section 
53F-2-202
, which is renumbered from Section 53A-17a-144 is
renumbered and amended to read:
[
53A-17a-144
].
 53F-2-202.
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 of Education shall provide each local education board with a
statement of the amount of state aid.
(4) 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) 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 of Education may interrupt disbursements to a school district or
charter school if, in the judgment of the 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 of Education, or has not submitted reports required by law or
the State Board of Education.
(i) Disbursements shall be resumed upon request of the 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 of Education.
(e) The State Board of Education may authorize exceptions to the 1/12 per month
disbursement formula for grant funds if the 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 9. Section 
53F-2-203
, which is renumbered from Section 53A-17a-146 is
renumbered and amended to read:
[
53A-17a-146
].
 53F-2-203.
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
]
53F-2-601
;
(b) the state-supported board local levy program pursuant to Section [
53A-17a-164
]
53F-2-602
; and
(c) the appropriation to charter schools to replace local property tax revenues pursuant
to Section [
53A-1a-513
] 
53F-2-704
.
(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 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 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 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
] 
53F-2-405
;
(b) the Teacher Salary Supplement Program provided in Section [
53A-17a-156
]
53F-2-504
;
(c) the extended year for special educators provided in Section [
53A-17a-158
]
53F-2-310
;
(d) USTAR centers provided in Section [
53A-17a-159
] 
53F-2-505
;
(e) the School LAND Trust Program created in Section [
53A-16-101.5
] 
53F-2-404
; or
(f) a special education program within the Basic School Program.
(6) A local education board may not reallocate spending of funds distributed to the
school district or charter school to a reserve account.
(7) A 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 10. Section 
53F-2-204
, which is renumbered from Section 53A-17a-147 is
renumbered and amended to read:
[
53A-17a-147
].
 53F-2-204.
Use of funds for approved programs --
Assessment of funded programs.
(1) Funds appropriated under this chapter shall only be used for programs approved by
the State Board of Education.
(2) The State Board of Education shall assess the progress and degree of effectiveness
of all programs funded under this chapter.
Section 11. Section 
53F-2-205
, which is renumbered from Section 53A-17a-105 is
renumbered and amended to read:
[
53A-17a-105
].
 53F-2-205.
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) "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
] 
53F-2-601
 or the board local levy
program established in Section [
53A-17a-164
] 
53F-2-602
, 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
] 
53F-2-704
;
or
(d) to support a school district with a loss in student enrollment as provided in Section
[
53A-17a-139
] 
53F-2-207
.
(4) If local contributions from the minimum basic tax rate imposed under Section
[
53A-17a-135
] 
53F-2-301
 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
] 
53F-2-301
 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
] 
53F-2-601
 or board local levy program established in Section [
53A-17a-164
]
53F-2-602
, 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) Money appropriated to the board is nonlapsing.
(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 12. Section 
53F-2-206
, which is renumbered from Section 53A-17a-105.5 is
renumbered and amended to read:
[
53A-17a-105.5
].
 53F-2-206.
Flexibility in the use of certain related to basic
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
]
53F-2-410
;
(b) the Enhancement for Accelerated Students Program created in Section
[
53A-17a-165
] 
53F-2-408
; and
(c) the concurrent enrollment program established in Section [
53A-15-1703
]
53E-10-302
.
(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 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 13. Section 
53F-2-207
, which is renumbered from Section 53A-17a-139 is
renumbered and amended to read:
[
53A-17a-139
].
 53F-2-207.
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 14. Section 
53F-2-301
, which is renumbered from Section 53A-17a-135 is
renumbered and amended to read:
Part 3. Basic Program (Weighted Pupil Units)
[
53A-17a-135
].
 53F-2-301.
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) To qualify for receipt of the state contribution toward the basic program and as a
school district's contribution toward the school district's costs of the basic program, each local
school board shall impose a minimum basic tax rate per dollar of taxable value that generates
$399,041,300 in revenues statewide.
(b) The preliminary estimate for the 2017-18 minimum basic tax rate is .001596.
(c) The State Tax Commission shall certify on or before June 22 the rate that generates
$399,041,300 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) The state shall contribute to each school district toward the cost of the basic
program in the school district that portion that exceeds the proceeds of the difference between:
(a) the minimum basic tax rate to be imposed under Subsection (2); and
(b) the basic levy increment rate.
(4) (a) If the difference described in Subsection (3) 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) 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
] 
53F-9-302
.
Section 15. Section 
53F-2-302
, which is renumbered from Section 53A-17a-106 is
renumbered and amended to read:
[
53A-17a-106
].
 53F-2-302.
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
] 
Subsection
(4)
, 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 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.
(4) In distributing funds to charter schools under this section, charter school pupils
shall be weighted, where applicable, as follows:
(a) .55 for kindergarten pupils;
(b) .9 for pupils in grades 1 through 6;
(c) .99 for pupils in grades 7 through 8; and
(d) 1.2 for pupils in grades 9 through 12.
Section 16. Section 
53F-2-303
 is enacted to read:
 53F-2-303.
Foreign exchange student weighted pupil units.
(1) A school district or charter school may include foreign exchange students in the
district's or school's membership and attendance count for the purpose of apportionment of
state money, except as provided in Subsections (2) through (4).
(2) (a) Notwithstanding Section 
53F-2-302
, foreign exchange students may not be
included in average daily membership for the purpose of determining the number of weighted
pupil units in the grades 1-12 basic program.
(b) Subject to the limitation in Subsection (3), the number of weighted pupil units in
the grades 1-12 basic program attributed to foreign exchange students shall be equal to the
number of foreign exchange students who were:
(i) enrolled in a school district or charter school on October 1 of the previous fiscal
year; and
(ii) sponsored by an agency approved by the district's local school board or charter
school's governing board.
(3) (a) The total number of foreign exchange students in the state that may be counted
for the purpose of apportioning state money under Subsection (2) shall be the lesser of:
(i) the number of foreign exchange students enrolled in public schools in the state on
October 1 of the previous fiscal year; or
(ii) 328 foreign exchange students.
(b) The State Board of Education shall make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to administer the cap on the number of
foreign exchange students that may be counted for the purpose of apportioning state money
under Subsection (2).
(4) Notwithstanding Sections 
53F-2-601
 and 
53F-2-602
, weighted pupil units in the
grades 1-12 basic program for foreign exchange students, as determined by Subsections (2) and
(3), may not be included for the purposes of determining a school district's state guarantee
money under the voted or board local levies.
Section 17. Section 
53F-2-304
, which is renumbered from Section 53A-17a-109 is
renumbered and amended to read:
[
53A-17a-109
].
 53F-2-304.
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 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 Subsection (3).
(b) An application must be submitted to the board before April 2, and the board must
report a decision to a 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 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.
(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 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 the school district would have
received for the small schools had the small schools not been consolidated.
(8) Subject to legislative appropriation, the board shall give first priority from an
appropriation made under this section to funding an expense approved by the board as
described in Subsection [
53A-2-204
] 
53G-6-305
(3)(a).
(9) (a) Subject to Subsection (9)(b) and after a distribution made under Subsection (8),
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 (9)(a) may not exceed the
necessarily existent small schools fund in balance of the prior fiscal year.
(10) A 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 18. Section 
53F-2-305
, which is renumbered from Section 53A-17a-107 is
renumbered and amended to read:
[
53A-17a-107
].
 53F-2-305.
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
] 
53F-2-302
 and [
53A-17a-109
] 
53F-2-304
.
(2) The State Board of Education shall enact rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that require a certain percentage of a school
district's or charter school's professional staff to be certified in the area in which 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 education board is encouraged
to accept as credited experience all of the years the individual has taught in the state's public
schools.
Section 19. Section 
53F-2-306
, which is renumbered from Section 53A-17a-108 is
renumbered and amended to read:
[
53A-17a-108
].
 53F-2-306.
Weighted pupil units for small school district
administrative costs -- Appropriation for charter school administrative costs.
(1) Administrative costs weighted pupil units are computed 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
] 
53F-2-205
, the allocation provided in Subsection
(2)(b)(i) shall be determined after adjustments are made under Section [
53A-17a-105
]
53F-2-205
.
(c) Charter 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
]
53G-5-202
.
(3) Charter schools are not eligible for funds for administrative costs under Subsection
(1).
Section 20. Section 
53F-2-307
, which is renumbered from Section 53A-17a-111 is
renumbered and amended to read:
[
53A-17a-111
].
 53F-2-307.
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 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) The State Board of Education shall 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.
(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 21. Section 
53F-2-308
, which is renumbered from Section 53A-17a-112 is
renumbered and amended to read:
[
53A-17a-112
].
 53F-2-308.
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 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
]
53F-2-310
.
Section 22. Section 
53F-2-309
, which is renumbered from Section 53A-17a-112.1 is
renumbered and amended to read:
[
53A-17a-112.1
].
 53F-2-309.
Appropriation for intensive special education
costs.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(2) (a) On or before February 1, 2017, the board shall, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, make rules establishing a distribution
formula to allocate money appropriated to the board for Special Education -- Intensive Services
that allocate to an LEA:
(i) 50% of the appropriation based on the highest cost students with disabilities; and
(ii) 50% of the appropriation based on the highest impact to an LEA due to high cost
students with disabilities.
(b) Beginning with the 2017-18 school year, the board shall allocate money
appropriated to the board for Special Education -- Intensive Services in accordance with rules
described in Subsection (2)(a).
(3) Before initiating the rulemaking process under Subsection (2)(a), the board shall
present the proposed rule to the Public Education Appropriations Subcommittee or Education
Interim Committee.
Section 23. Section 
53F-2-310
, which is renumbered from Section 53A-17a-158 is
renumbered and amended to read:
[
53A-17a-158
].
 53F-2-310.
Stipends for special educators for additional days
of work.
(1) As used in this section:
(a) "IEP" means an individualized education program developed pursuant to the
Individuals with Disabilities Education Improvement Act of 2004, as amended.
(b) "Special education teacher" means a teacher whose primary assignment is the
instruction of students with disabilities who are eligible for special education services.
(c) "Special educator" means a person employed by a school district, charter school, or
the Utah Schools for the Deaf and the Blind who holds:
(i) a license issued under [
Title 53A, Chapter 6, Educator Licensing and Professional
Practices Act
] 
Title 53E, Chapter 6, Education Professional Licensure 
; and
(ii) a position as a:
(A) special education teacher; or
(B) speech-language pathologist.
(2) The Legislature shall annually appropriate money for stipends to special educators
for additional days of work:
(a) in recognition of the added duties and responsibilities assumed by special educators
to comply with federal law regulating the education of students with disabilities and the need to
attract and retain qualified special educators; and
(b) subject to future budget constraints.
(3) (a) The State Board of Education shall distribute money appropriated under this
section to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for
stipends for special educators in the amount of $200 per day for up to 10 additional working
days.
(b) Money distributed under this section shall include, in addition to the $200 per day
stipend, money for the following employer-paid benefits:
(i) retirement;
(ii) workers' compensation;
(iii) Social Security; and
(iv) Medicare.
(4) A special educator receiving a stipend shall:
(a) work an additional day beyond the number of days contracted with the special
educator's school district or school for each daily stipend;
(b) schedule the additional days of work before or after the school year; and
(c) use the additional days of work to perform duties related to the IEP process,
including:
(i) administering student assessments;
(ii) conducting IEP meetings;
(iii) writing IEPs;
(iv) conferring with parents; and
(v) maintaining records and preparing reports.
(5) A special educator may:
(a) elect to receive a stipend for one to 10 days of additional work; or
(b) elect to not receive a stipend.
(6) A person who does not hold a full-time position as a special educator is eligible for
a partial stipend equal to the percentage of a full-time special educator position the person
assumes.
Section 24. Section 
53F-2-311
, which is renumbered from Section 53A-17a-113 is
renumbered and amended to read:
[
53A-17a-113
].
 53F-2-311.
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), and (4);
and
(ii) may not be used to fund programs below 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 State Board of Education shall fund approved programs based upon hours of
membership of grades 9 through 12 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 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 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 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 State Board of Education shall make the necessary calculations for distribution
of the appropriation to a school 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 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 
State Board of Education.
(e) The State Board of Education shall, by rule, establish qualifying criteria for 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) (a) The State Board of Education shall establish rules for upgrading 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 that are not preparing students for the job market into programs that
will accomplish that purpose.
(6) Programs that do not meet State Board of Education standards may not be funded
under this section.
Section 25. Section 
53F-2-312
, which is renumbered from Section 53A-17a-124.5 is
renumbered and amended to read:
[
53A-17a-124.5
].
 53F-2-312.
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 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
] 
53F-2-302
(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 local education board may use 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 local education board shall use 50% of 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, a local education board may petition the State Board of
Education for, and the State Board of Education may grant, a waiver to use 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 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 local education board may use up to 20% of 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 local education board may use up to 50% of any
allocation 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) For a school district or charter school to qualify for class size reduction money,
a local education board shall submit:
(i) a plan for the use of the 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 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 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
] 
53F-2-503
 and [
53A-17a-151
] 
53F-8-406
;
(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 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 26. Section 
53F-2-313
, which is renumbered from Section 53A-17a-116 is
renumbered and amended to read:
[
53A-17a-116
].
 53F-2-313.
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 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 27. Section 
53F-2-401
, which is renumbered from Section 53A-17a-119 is
renumbered and amended to read:
Part 4. Related to Basic Program -- Formula Programs
[
53A-17a-119
].
 53F-2-401.
Appropriation for adult education programs.
(1) Money appropriated to the State Board of Education for adult education shall be
allocated to school districts for adult high school completion and adult basic skills programs.
(2) Each school district shall receive 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 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 State Board of
Education.
(4) To the extent of money available, school districts shall provide 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 State Board of Education.
Section 28. Section 
53F-2-402
, which is renumbered from Section 53A-17a-126 is
renumbered and amended to read:
[
53A-17a-126
].
 53F-2-402.
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
] 
53F-2-403
, except as otherwise provided in this section or Section
[
53A-17a-126.5
] 
53F-2-412
.
(2) (a) The Utah Schools for the Deaf and the Blind shall use an allocation of pupil
transportation money to pay for transportation of 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 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
]
53G-4-404
.
(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 29. Section 
53F-2-403
, which is renumbered from Section 53A-17a-127 is
renumbered and amended to read:
[
53A-17a-127
].
 53F-2-403.
Eligibility for state-supported transportation --
Approved bus routes.
(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
] 
53F-2-402
(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 school district
superintendents, business officials, school district transportation supervisors, and 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
] 
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 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 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 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)
] 
53F-8-302
 to pay for transporting
students and for the replacement of school buses
, 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 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 30. Section 
53F-2-404
, which is renumbered from Section 53A-16-101.5 is
renumbered and amended to read:
[
53A-16-101.5
].
 53F-2-404.
School LAND Trust Program -- Purpose --
Distribution of funds -- School plans for use of funds.
(1) As used in this section:
(a) "Charter agreement" means an agreement made in accordance with Section
[
53A-1a-508
] 
53G-5-303
 that authorizes the operation of a charter school.
(b) "Charter school authorizer" means the same as that term is defined in Section
[
53A-1a-501.3
] 
53G-5-102
.
(c) "Charter trust land council" means a council established by a charter school
governing board under this section.
(d) "Council" means a school community council or a charter trust land council.
(e) "District school" means a public school under the control of a local school board
elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards.
(f) "School community council" means a council established at a district school in
accordance with Section [
53A-1a-108
] 
53G-7-1202
.
(2) There is established the School LAND (Learning And Nurturing Development)
Trust Program to:
(a) provide financial resources to public schools to enhance or improve student
academic achievement and implement a component of a district school's school improvement
plan or a charter school's charter agreement; and
(b) involve parents and guardians of a school's students in decision making regarding
the expenditure of School LAND Trust Program money allocated to the school.
(3) (a) The program shall be funded each fiscal year:
(i) from the Trust Distribution Account created in Section [
53A-16-101
] 
53F-9-201
;
and
(ii) in the amount of the sum of the following:
(A) the distributions from the investment of money in the permanent State School Fund
deposited to the Trust Distribution Account on or about July 15 each year; and
(B) interest accrued on the Trust Distribution Account in the immediately preceding
fiscal year.
(b) The program shall be funded as provided in Subsection (3)(a) up to an amount
equal to 3% of the funds provided for the Minimum School Program, pursuant to [
Title 53A,
Chapter 17a, Minimum School Program Act
] 
this chapter 
, each fiscal year.
(c) (i) The Legislature shall annually allocate, through an appropriation to the State
Board of Education, a portion of the Trust Distribution Account created in Section
[
53A-16-101
] 
53F-9-201
 to be used for:
(A) the administration of the School LAND Trust Program; and
(B) the performance of duties described in Section [
53A-16-101.6
] 
53E-3-514
.
(ii) Any unused balance remaining from an amount appropriated under Subsection
(3)(c)(i) shall be deposited in the Trust Distribution Account for distribution to schools in the
School LAND Trust Program.
(4) (a) The State Board of Education shall allocate the money referred to in Subsection
(3) annually as follows:
(i) the Utah Schools for the Deaf and the Blind shall receive funding equal to the
product of:
(A) enrollment on October 1 in the prior year at the Utah Schools for the Deaf and the
Blind divided by enrollment on October 1 in the prior year in public schools statewide; and
(B) the total amount available for distribution under Subsection (3);
(ii) charter schools shall receive funding equal to the product of:
(A) charter school enrollment on October 1 in the prior year, divided by enrollment on
October 1 in the prior year in public schools statewide; and
(B) the total amount available for distribution under Subsection (3); and
(iii) of the funds available for distribution under Subsection (3) after the allocation of
funds for the Utah Schools for the Deaf and the Blind and charter schools:
(A) school districts shall receive 10% of the funds on an equal basis; and
(B) the remaining 90% of the funds shall be distributed to school districts on a per
student basis.
(b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the State Board of Education shall make rules specifying a formula to distribute the amount
allocated under Subsection (4)(a)(ii) to charter schools.
(ii) In making rules under Subsection (4)(b)(i), the State Board of Education shall:
(A) consult with the State Charter School Board; and
(B) ensure that the rules include a provision that allows a charter school in the charter
school's first year of operations to receive funding based on projected enrollment, to be
adjusted in future years based on actual enrollment.
(c) A school district shall distribute its allocation under Subsection (4)(a)(iii) to each
school within the school district on an equal per student basis.
(d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education may make rules regarding the time and manner in which the student
count shall be made for allocation of the money under Subsection (4)(a)(iii).
(5) To receive its allocation under Subsection (4):
(a) a district school shall have established a school community council in accordance
with Section [
53A-1a-108
] 
53G-7-1202
;
(b) a charter school shall have established a charter trust land council in accordance
with Subsection (9); and
(c) the school's principal shall provide a signed, written assurance that the school is in
compliance with Subsection (5)(a) or (b).
(6) (a) A council shall create a program to use its allocation under Subsection (4) to
implement a component of the school's improvement plan or charter agreement, including:
(i) the school's identified most critical academic needs;
(ii) a recommended course of action to meet the identified academic needs;
(iii) a specific listing of any programs, practices, materials, or equipment which the
school will need to implement a component of its school improvement plan to have a direct
impact on the instruction of students and result in measurable increased student performance;
and
(iv) how the school intends to spend its allocation of funds under this section to
enhance or improve academic excellence at the school.
(b) (i) A council shall create and vote to adopt a plan for the use of School LAND
Trust Program money in a meeting of the council at which a quorum is present.
(ii) If a majority of the quorum votes to adopt a plan for the use of School LAND Trust
Program money, the plan is adopted.
(c) A council shall:
(i) post a plan for the use of School LAND Trust Program money that is adopted in
accordance with Subsection (6)(b) on the School LAND Trust Program website; and
(ii) include with the plan a report noting the number of council members who voted for
or against the approval of the plan and the number of council members who were absent for the
vote.
(d) (i) The local school board of a district school shall approve or disapprove a plan for
the use of School LAND Trust Program money.
(ii) If a local school board disapproves a plan for the use of School LAND Trust
Program money:
(A) the local school board shall provide a written explanation of why the plan was
disapproved and request the school community council who submitted the plan to revise the
plan; and
(B) the school community council shall submit a revised plan in response to a local
school board's request under Subsection (6)(d)(ii)(A).
(iii) Once a plan has been approved by a local school board, a school community
council may amend the plan, subject to a majority vote of the school community council and
local school board approval.
(e) A charter trust land council's plan for the use of School LAND Trust Program
money is subject to approval by the:
(i) charter school governing board; and
(ii) charter school's charter school authorizer.
(7) (a) A district school or charter school shall:
(i) implement the program as approved;
(ii) provide ongoing support for the council's program; and
(iii) meet State Board of Education reporting requirements regarding financial and
performance accountability of the program.
(b) (i) A district school or charter school shall prepare and post an annual report of the
program on the School LAND Trust Program website each fall.
(ii) The report shall detail the use of program funds received by the school under this
section and an assessment of the results obtained from the use of the funds.
(iii) A summary of the report shall be provided to parents or guardians of students
attending the school.
(8) On or before October 1 of each year, a school district shall record the amount of the
program funds distributed to each school under Subsection (4)(c) on the School LAND Trust
Program website to assist schools in developing the annual report described in Subsection
(7)(b).
(9) (a) The governing board of a charter school shall establish a council, which shall
prepare a plan for the use of School LAND Trust Program money that includes the elements
listed in Subsection (6).
(b) (i) The membership of the council shall include parents or guardians of students
enrolled at the school and may include other members.
(ii) The number of council members who are parents or guardians of students enrolled
at the school shall exceed all other members combined by at least two.
(c) A charter school governing board may serve as the council that prepares a plan for
the use of School LAND Trust Program money if the membership of the charter school
governing board meets the requirements of Subsection (9)(b)(ii).
(d) (i) Except as provided in Subsection (9)(d)(ii), council members who are parents or
guardians of students enrolled at the school shall be elected in accordance with procedures
established by the charter school governing board.
(ii) Subsection (9)(d)(i) does not apply to a charter school governing board that serves
as the council that prepares a plan for the use of School LAND Trust Program money.
(e) A parent or guardian of a student enrolled at the school shall serve as chair or
cochair of a council that prepares a plan for the use of School LAND Trust Program money.
(10) The president or chair of a local school board or charter school governing board
shall ensure that the members of the local school board or charter school governing board are
provided with annual training on the requirements of this section.
(11) If the amount of money prescribed for funding the School LAND Trust Program
under this section is less than or greater than the money appropriated for the School LAND
Trust Program, the appropriation shall be equal to the amount of money prescribed for funding
the School LAND Trust Program in this section, up to a maximum of an amount equal to 3%
of the funds provided for the Minimum School Program.
(12) The State Board of Education shall distribute the money appropriated in
Subsection (11) in accordance with this section and rules established by the board in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 31. Section 
53F-2-405
, which is renumbered from Section 53A-17a-153 is
renumbered and amended to read:
[
53A-17a-153
].
 53F-2-405.
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
] 
Title 53E, Chapter 6, Education Professional Licensure 
; 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) A school district, a charter school, or 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) an individual who is not a full-time educator shall receive a partial salary adjustment
based on the number of hours the individual works as an educator; and
(c) a salary adjustment may be awarded only to an educator who has received a
satisfactory rating or above on the educator's most recent evaluation.
(5) 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.
(6) (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.
(7) (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 (7)(a).
(c) In distributing and awarding salary adjustments for school administrators, the State
Board of Education, a school district, a charter school, or 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 32. Section 
53F-2-406
, which is renumbered from Section 53A-17a-154 is
renumbered and amended to read:
[
53A-17a-154
].
 53F-2-406.
 Appropriation for school nurses.
The State Board of Education shall distribute money appropriated for school nurses to
award grants to school districts and charter schools that:
(1) provide an equal amount of matching funds; and
(2) do not supplant other money used for school nurses.
Section 33. Section 
53F-2-407
, which is renumbered from Section 53A-17a-155 is
renumbered and amended to read:
[
53A-17a-155
].
 53F-2-407.
 Appropriation for library books and electronic
resources.
(1) The State Board of Education shall distribute money appropriated for library books
and electronic resources as follows:
(a) 25% shall be divided equally among all public schools; and
(b) 75% shall be divided among public schools based on each school's average daily
membership as compared to the total average daily membership.
(2) A school district or charter school may not use money distributed under Subsection
(1) to supplant other money used to purchase library books or electronic resources.
Section 34. Section 
53F-2-408
, which is renumbered from Section 53A-17a-165 is
renumbered and amended to read:
[
53A-17a-165
].
 53F-2-408.
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 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) The State Board of Education shall develop performance criteria to measure the
effectiveness of the Enhancement for Accelerated Students Program.
(7) If a school district or charter school receives an allocation of less than $10,000
under this section, the school district or charter school may use the allocation as described in
Section 
53F-2-206
.
Section 35. Section 
53F-2-409
, which is renumbered from Section 53A-15-1707 is
renumbered and amended to read:
[
53A-15-1707
].
 53F-2-409.
Concurrent enrollment funding.
(1) The terms defined in Section 
53F-10-301
 apply to this section.
[
(1)
] 
(2)
 The State Board of Education shall allocate money appropriated for
concurrent enrollment in accordance with this section.
[
(2)
] 
(3)
 (a) The State Board of Education shall allocate money appropriated for
concurrent enrollment in proportion to the number of credit hours earned for courses taken
where:
(i) an LEA primarily bears the cost of instruction; and
(ii) an institution of higher education primarily bears the cost of instruction.
(b) From the money allocated under Subsection [
(2)
] 
(3)
(a)(i), the State Board of
Education shall distribute:
(i) 60% of the money to LEAs; and
(ii) 40% of the money to the State Board of Regents.
(c) From the money allocated under Subsection [
(2)
] 
(3)
(a)(ii), the State Board of
Education shall distribute:
(i) 40% of the money to LEAs; and
(ii) 60% of the money to the State Board of Regents.
(d) The State Board of Education shall make rules, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the money to
LEAs under Subsections [
(2)
] 
(3)
(b)(i) and [
(2)
] 
(3)
(c)(i).
(e) The State Board of Regents shall make rules, in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, providing for the distribution of the money allocated
to institutions of higher education under Subsections [
(2)
] 
(3)
(b)(ii) and [
(2)
] 
(3)
(c)(ii).
[
(3)
] 
(4)
 Subject to budget constraints, the Legislature shall annually increase the
money appropriated for concurrent enrollment in proportion to the percentage increase over the
previous school year in:
(a) kindergarten through grade 12 student enrollment; and
(b) the value of the weighted pupil unit.
(5) If an LEA receives an allocation of less than $10,000 under this section, the LEA
may use the allocation as described in Section 
53F-2-206
.
Section 36. Section 
53F-2-410
, which is renumbered from Section 53A-17a-166 is
renumbered and amended to read:
[
53A-17a-166
].
 53F-2-410.
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 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 statewide assessments described in Section [
53A-1-602
]
53E-4-301
;
(b) poverty;
(c) mobility; and
(d) limited English proficiency.
(3) A 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.
(5) If a school district or charter school receives an allocation of less than $10,000
under this section, the school district or charter school may use the allocation as described in
Section 
53F-2-206
.
Section 37. Section 
53F-2-411
, which is renumbered from Section 53A-17a-168 is
renumbered and amended to read:
[
53A-17a-168
].
 53F-2-411.
Appropriation for Title I Schools in
Improvement Paraeducators Program.
(1) As used in this section:
(a) "Eligible school" means a Title I school that has not achieved adequate yearly
progress, as defined in the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq. in
the same subject area for two consecutive years.
(b) "Paraeducator" means a school employee who:
(i) delivers instruction under the direct supervision of a teacher; and
(ii) meets the requirements under Subsection (3).
(c) "Program" means the Title I Schools in Improvement Paraeducators Program
created in this section.
(2) The program is created to provide funding for eligible schools to hire paraeducators
to provide additional instructional aid in the classroom to assist students in achieving academic
success and assist the school in exiting Title I school improvement status.
(3) A paraeducator who is funded under this section shall have:
(a) earned a secondary school diploma or a recognized equivalent;
(b) (i) completed at least two years with a minimum of 48 semester hours at an
accredited higher education institution;
(ii) obtained an associates or higher degree from an accredited higher education
institution; or
(iii) satisfied a rigorous state or local assessment about the individual's knowledge of,
and ability to assist in instructing students in, reading, writing, and mathematics; and
(c) received large group-, small group-, and individual-level professional development
that is intensive and focused and covers curriculum, instruction, assessment, classroom and
behavior management, and teaming.
(4) The State Board of Education shall distribute money appropriated for the program
to eligible schools, in accordance with rules adopted by the board.
(5) Funds appropriated under the program may not be used to supplant other money
used for paraeducators at eligible schools.
Section 38. Section 
53F-2-412
, which is renumbered from Section 53A-17a-126.5 is
renumbered and amended to read:
[
53A-17a-126.5
].
 53F-2-412.
Grants for unsafe routes.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Transportation Advisory Committee" means the review committee for addressing
school transportation needs described in Subsection [
53A-17a-127
] 
53F-2-403
(5).
(c) "Unsafe route" means a route between a student's residence and school that is:
(i) shorter than a distance described in:
(A) Subsection [
53A-17a-127
] 
53F-2-403
(1)(a) for a student enrolled in kindergarten
through grade 6; or
(B) Subsection [
53A-17a-127
] 
53F-2-403
(1)(b) for a student enrolled in grades 7
through 12; and
(ii) due to a health or safety concern, dangerous for a student to walk.
(2) Subject to legislative appropriations for grants for unsafe routes provided under this
section, the board shall:
(a) solicit proposals from school districts to receive a grant; and
(b) award grants to school districts.
(3) To receive a grant under this section, a school district shall submit a proposal to the
board that:
(a) describes an unsafe route for which the school district intends to receive a grant;
(b) includes a written statement from the following describing why the route is unsafe:
(i) the school district;
(ii) local law enforcement; and
(iii) the municipality or county in which the described route is located; and
(c) includes other information as required by the board.
(4) (a) The Transportation Advisory Committee shall:
(i) evaluate a proposal submitted to the board under Subsection (3); and
(ii) make recommendations to the board regarding whether to fund the proposal.
(b) The board shall consider the recommendations of the Transportation Advisory
Committee before awarding a grant described in Subsection (2)(b).
(5) In awarding a grant under this section, the board may not:
(a) contribute an amount exceeding 85% of the cost of an unsafe route funded by the
grant; or
(b) award more than 15% of the appropriation under this section to a particular school
district.
(6) The Transportation Advisory Committee shall:
(a) review each year an unsafe route funded by a grant; and
(b) make a recommendation to the board regarding whether the board, subject to
legislative appropriations, should renew the grant.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules to implement the grant program described in this section.
Section 39. Section 
53F-2-413
, which is renumbered from Section 53A-17a-141 is
renumbered and amended to read:
[
53A-17a-141
].
 53F-2-413.
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 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 40. Section 
53F-2-501
, which is renumbered from Section 53A-15-102 is
renumbered and amended to read:
Part 5. Related to Basic Program -- Grant Programs
[
53A-15-102
].
 53F-2-501.
Early graduation incentives -- Incentive to school
district -- Partial tuition scholarship for student -- Payments.
(1) A secondary public school student who has completed all required courses or
demonstrated mastery of required skills and competencies may graduate at any time with the
approval of:
(a) the student;
(b) the student's parent or guardian; and
(c) a local school official who is authorized by the school's principal or director to
approve early graduation.
(2) The State Board of Education shall make a payment to a public high school in an
amount equal to 1/2 of the scholarship awarded to each student under this section who
graduates from the school at or before the conclusion of grade 11, or a proportionately lesser
amount for a student who graduates after the conclusion of grade 11 but before the conclusion
of grade 12.
(3) (a) The State Board of Education shall award to each student who graduates from
high school at or before the conclusion of grade 11 a centennial scholarship in the amount of
the greater of 30% of the previous year's value of the weighted pupil unit[
, as defined in
Section 
53A-1a-703
,
] or $1,000, subject to this Subsection (3) through Subsection (6).
(b) A student who is awarded a centennial scholarship may use the scholarship for full
time enrollment at:
(i) a Utah public college, university, or community college;
(ii) a technical college described in Section 
53B-2a-105
; or
(iii) any other institution in the state of Utah that:
(A) is accredited by an accrediting organization recognized by the State Board of
Regents; and
(B) offers postsecondary courses of the student's choice.
(c) Before making a payment of a centennial scholarship, the State Board of Education
shall verify that the student has registered at an institution described in Subsection (3)(b):
(i) during the fiscal year following the student's graduation from high school; or
(ii) at the end of the student's deferral period, in accordance with Subsection (4).
(d) If a student graduates after the conclusion of grade 11 but before the conclusion of
grade 12, the State Board of Education shall award the student a centennial scholarship of a
proportionately lesser amount than the scholarship amount described in Subsection (3)(a).
(4) (a) A student who is eligible for a centennial scholarship under Subsection (3) may
make a request to the State Board of Education that the State Board of Education defer
consideration of the student for the scholarship for a set period of time.
(b) A student who makes a request under Subsection (4)(a) shall state in the request the
reason for which the student wishes not to be considered for the scholarship until the end of the
deferral period, which may include:
(i) health reasons;
(ii) religious reasons;
(iii) military service; or
(iv) humanitarian service.
(c) If a student makes a request under Subsection (4)(a), the State Board of Education
shall:
(i) (A) review the student's request; and
(B) approve or reject the student's request; and
(ii) if the State Board of Education approves the student's request, in consultation with
the student, set the length of the deferral period, ensuring that the deferral period is sufficient to
meet the student's needs under Subsection (4)(b).
(d) At the end of the deferral period, and upon request of the student, the State Board
of Education shall:
(i) determine a student to be eligible for the scholarship if the student was eligible at
the time of the student's request for deferral; and
(ii) if found eligible, make a payment to the student in an amount equal to the amount
described in Subsection (4)(e).
(e) The amount of a student's deferred scholarship payment shall be determined by the
State Board of Education based on the amount of the scholarship the student would have been
entitled to as described in Subsection (3) and based on the fiscal year prior to the student's
request for deferral.
(5) Except as provided in Subsection (4)(b), the State Board of Education:
(a) shall make the payments authorized in Subsections (2) and (3)(a) during the fiscal
year that follows the student's graduation; and
(b) may make the payments authorized in Subsection (3)(b) during the fiscal year:
(i) in which the student graduates; or
(ii) following the student's graduation.
(6) Subject to future budget constraints, the Legislature shall adjust the appropriation
for the Centennial Scholarship Program based on:
(a) the anticipated increase of students awarded a centennial scholarship; and
(b) the percent increase of the prior year's weighted pupil unit value, as provided in
Subsection (3).
Section 41. Section 
53F-2-502
, which is renumbered from Section 53A-15-105 is
renumbered and amended to read:
[
53A-15-105
].
 53F-2-502.
Dual Language Immersion Program -- Pilot.
(1) Subject to funding for the program, the State Board of Education shall establish a
pilot program for school districts and schools to initially participate in the Dual Language
Immersion Program.
(2) The program shall provide funds as an incentive to 15 qualifying schools for the
following languages:
(a) six pilots for Chinese;
(b) six pilots for Spanish;
(c) two pilots for French; and
(d) one pilot for Navajo.
(3) Subject to funding for the program, a qualifying school shall:
(a) receive up to $18,000 per year for up to six years;
(b) establish an instructional model that uses 50% of instruction in English and 50% of
instruction in another language; and
(c) begin the instructional model described under Subsection (3)(b) in kindergarten or
grade 1 and add an additional grade each year.
Section 42. Section 
53F-2-503
, which is renumbered from Section 53A-17a-150 is
renumbered and amended to read:
[
53A-17a-150
].
 53F-2-503.
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) For a school district or charter school to receive program money, a 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
] 
53E-4-307
; 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
] 
53E-4-302
.
(b) The board shall provide model plans that a local education board may use, or the
local education board may develop the local education board's own plan.
(c) Plans developed by a local education board shall be approved by the board.
(d) The board shall develop uniform standards for acceptable growth goals that a 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) For a school district or charter school to participate in the Base Level Program,
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) 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 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 the local school board may elect for the school district to
either fully or partially participate in the other program.
(c) For a school district to fully participate in the Guarantee Program, 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) For a school district to fully participate in the Low Income Students Program, 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 local school board allocates the money required in
accordance with Subsections (8)(c) and (d) before 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 multiplied by the school district's total WPUs
and the revenue the 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 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 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 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 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 local education board to
annually report progress in meeting 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 local education board
shall prepare a new plan which corrects deficiencies.
(iii) The new plan described in Subsection (14)(b)(ii) shall be approved by the board
before the local education board receives an allocation for the next year.
(15) (a) If for two consecutive school years, a school district fails to meet 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
]
53E-4-302
, the school district shall terminate any levy imposed under Section [
53A-17a-151
]
53F-8-406
 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 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
]
53E-4-302
, 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 43. Section 
53F-2-504
, which is renumbered from Section 53A-17a-156 is
renumbered and amended to read:
[
53A-17a-156
].
 53F-2-504.
Teacher Salary Supplement Program -- Appeal
process.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Certificate teacher" means a teacher who holds a National Board certification.
(c) "Eligible teacher" means a teacher who:
(i) has an assignment to teach:
(A) a secondary school level mathematics course;
(B) integrated science in grade seven or eight;
(C) chemistry;
(D) physics; or
(E) computer science;
(ii) holds the appropriate endorsement for the assigned course;
(iii) has qualifying educational background; and
(iv) (A) is a new employee; or
(B) received a satisfactory rating or above on the teacher's most recent evaluation.
(d) "National Board certification" means the same as that term is defined in Section
[
53A-6-103
] 
53E-6-102
.
(e) "Qualifying educational background" means:
(i) for a teacher who is assigned a secondary school level mathematics course:
(A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements for a bachelor's degree
major, master's degree, or doctoral degree in mathematics;
(ii) for a teacher who is assigned a grade seven or eight integrated science course,
chemistry course, or physics course, a bachelor's degree major, master's degree, or doctoral
degree in:
(A) integrated science;
(B) chemistry;
(C) physics;
(D) physical science;
(E) general science; or
(F) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements of those required for a
degree listed in Subsections (1)(e)(ii)(A) through (E);
(iii) for a teacher who is assigned a computer science course, a bachelor's degree major,
master's degree, or doctoral degree in:
(A) computer science;
(B) computer information technology; or
(C) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements of those required for a
degree listed in Subsections (1)(e)(iii)(A) and (B).
(f) "Title I school" means a school that receives funds under the Elementary and
Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
(g) "Title I school certificate teacher" means a certificate teacher who is assigned to
teach at a Title I school.
(2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
money to the Teacher Salary Supplement Program.
(b) Money appropriated for the Teacher Salary Supplement Program shall include
money for the following employer-paid benefits:
(i) retirement;
(ii) workers' compensation;
(iii) social security; and
(iv) Medicare.
(3) (a) (i) The annual salary supplement for an eligible teacher who is assigned full
time to teach one or more courses listed in Subsections (1)(c)(i)(A) through (E) is $4,100.
(ii) An eligible teacher who has a part-time assignment to teach one or more courses
listed in Subsections (1)(c)(i)(A) through (E) shall receive a partial salary supplement based on
the number of hours worked in a course assignment that meets the requirements of Subsections
(1)(c)(ii) and (iii).
(b) The annual salary supplement for a certificate teacher is $750.
(c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.
(ii) A certificate teacher who qualifies for a salary supplement under Subsections (3)(b)
and (c) may only receive the salary supplement that is greater in value.
(4) The board shall:
(a) create an online application system for a teacher to apply to receive a salary
supplement through the Teacher Salary Supplement Program;
(b) determine if a teacher:
(i) (A) is an eligible teacher; and
(B) has a course assignment as listed in Subsections (1)(c)(i)(A) through (E);
(ii) is a certificate teacher; or
(iii) is a Title I school certificate teacher;
(c) verify, as needed, the determinations made under Subsection (4)(b) with school
district and school administrators; and
(d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
teachers.
(5) (a) An eligible teacher, a certificate teacher, or a Title I school certificate teacher
shall apply with the board before the conclusion of a school year to receive the salary
supplement authorized in this section.
(b) An eligible teacher, a certificate teacher, or a Title I school certificate teacher may
apply with the board, after verification that the requirements under this section have been
satisfied, to receive a salary supplement after the completion of:
(i) the school year as an annual award; or
(ii) a semester or trimester as a partial award based on the portion of the school year
that has been completed.
(6) (a) The board shall establish and administer an appeal process for a teacher to
follow if the teacher applies for the salary supplement and is not certified under Subsection (4).
(b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
appeal eligibility as an eligible teacher on the basis that the teacher has a degree or degree
major with course requirements that are substantially equivalent to the course requirements for
a degree listed in:
(A) Subsection (1)(e)(i)(A);
(B) Subsections (1)(e)(ii)(A) through (E); or
(C) Subsections (1)(e)(iii)(A) and (B).
(ii) A teacher shall provide transcripts and other documentation to the board in order
for the board to determine if the teacher has a degree or degree major with course requirements
that are substantially equivalent to the course requirements for a degree listed in:
(A) Subsection (1)(e)(i)(A);
(B) Subsections (1)(e)(ii)(A) through (E); or
(C) Subsections (1)(e)(iii)(A) and (B).
(c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
(ii) A teacher shall provide to the board a certificate or other related documentation in
order for the board to determine if the teacher holds a current certificate.
(d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
(A) holds a current certificate; and
(B) is assigned to teach at a Title I school.
(ii) A teacher shall provide to the board:
(A) information described in Subsection (6)(c)(ii); and
(B) verification that the teacher is assigned to teach at a Title I school.
(7) (a) The board shall distribute money appropriated to the Teacher Salary
Supplement Program to school districts and charter schools for the Teacher Salary Supplement
Program in accordance with the provisions of this section.
(b) The board shall include the employer-paid benefits described under Subsection
(2)(b) in the amount of each salary supplement.
(c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
salary supplement limits described under Subsection (3).
(8) (a) Money received from the Teacher Salary Supplement Program shall be used by
a school district or charter school to provide a salary supplement equal to the amount specified
in Subsection (3) for each eligible teacher, certificate teacher, or Title I school certificate
teacher.
(b) The salary supplement is part of the teacher's base pay, subject to the teacher's
qualification as an eligible teacher, a certificate teacher, or a Title I school certificate teacher
every year, semester, or trimester.
(9) Notwithstanding the provisions of this section, if the appropriation for the program
is insufficient to cover the costs associated with salary supplements, the board may limit or
reduce the salary supplements.
Section 44. Section 
53F-2-505
, which is renumbered from Section 53A-17a-159 is
renumbered and amended to read:
[
53A-17a-159
].
 53F-2-505.
 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 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 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 school governing boards that may be interested in
participating in the USTAR Centers Program;
(b) prioritize 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.
Section 45. Section 
53F-2-506
, which is renumbered from Section 53A-17a-162 is
renumbered and amended to read:
[
53A-17a-162
].
 53F-2-506.
 Beverley Taylor Sorenson Elementary Arts
Learning Program.
(1) As used in this section:
(a) "Endowed chair" means a person who holds an endowed position or administrator
of an endowed program for the purpose of arts and integrated arts instruction at an endowed
university.
(b) "Endowed university" means an institution of higher education in the state that:
(i) awards elementary education degrees in arts instruction;
(ii) has received a major philanthropic donation for the purpose of arts and integrated
arts instruction; and
(iii) has created an endowed position as a result of a donation described in Subsection
(1)(b)(ii).
(c) "Integrated arts advocate" means a person who:
(i) advocates for arts and integrated arts instruction in the state; and
(ii) coordinates with an endowed chair pursuant to the agreement creating the endowed
chair.
(d) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(2) The Legislature finds that a strategic placement of arts in elementary education can
impact the critical thinking of students in other core subject areas, including mathematics,
reading, and science.
(3) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
enhance the social, emotional, academic, and arts learning of students in kindergarten through
grade six by integrating arts teaching and learning into core subject areas and providing
professional development for positions that support elementary arts and integrated arts
education.
(4) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
Learning Program, and subject to Subsection (5), the State Board of Education shall, after
consulting with endowed chairs and the integrated arts advocate and receiving their
recommendations, administer a grant program to enable LEAs to:
(a) hire highly qualified arts specialists, art coordinators, and other positions that
support arts education and arts integration;
(b) provide up to $10,000 in one-time funds for each new school arts specialist
described under Subsection (4)(a) to purchase supplies and equipment; and
(c) engage in other activities that improve the quantity and quality of integrated arts
education.
(5) (a) An LEA that receives a grant under Subsection (4) shall provide matching funds
of no less than 20% of the grant amount, including no less than 20% of the grant amount for
actual salary and benefit costs per full-time equivalent position funded under Subsection (4)(a).
(b) An LEA may not:
(i) include administrative, facility, or capital costs to provide the matching funds
required under Subsection (5)(a); or
(ii) use funds from the Beverley Taylor Sorenson Elementary Arts Learning Program to
supplant funds for existing programs.
(6) An LEA that receives a grant under this section shall partner with an endowed chair
to provide professional development in integrated elementary arts education.
(7) From money appropriated for the Beverley Taylor Sorenson Elementary Arts
Learning Program, the State Board of Education shall administer a grant program to fund
activities within arts and the integrated arts programs at an endowed university in the college
where the endowed chair resides to:
(a) provide high quality professional development in elementary integrated arts
education in accordance with the professional learning standards in Section [
53A-3-701
]
53G-11-303
 to LEAs that receive a grant under Subsection (4);
(b) design and conduct research on:
(i) elementary integrated arts education and instruction;
(ii) implementation and evaluation of the Beverley Taylor Sorenson Elementary Arts
Learning Program; and
(iii) effectiveness of the professional development under Subsection (7)(a); and
(c) provide the public with integrated elementary arts education resources.
(8) The State Board of Education shall make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, to administer the Beverley Taylor Sorenson
Elementary Arts Learning Program.
Section 46. Section 
53F-2-507
, which is renumbered from Section 53A-17a-167 is
renumbered and amended to read:
[
53A-17a-167
].
 53F-2-507.
Enhanced kindergarten early intervention
program.
(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 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 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 47. Section 
53F-2-508
, which is renumbered from Section 53A-17a-169 is
renumbered and amended to read:
[
53A-17a-169
].
 53F-2-508.
Student Leadership Skills Development Program.
(1) For purposes of this section:
(a) "Board" means the State Board of Education.
(b) "Program" means the Student Leadership Skills Development Program created in
Subsection (2).
(2) There is created the Student Leadership Skills Development Program to develop
student behaviors and skills that enhance a school's learning environment and are vital for
success in a career, including:
(a) communication skills;
(b) teamwork skills;
(c) interpersonal skills;
(d) initiative and self-motivation;
(e) goal setting skills;
(f) problem solving skills; and
(g) creativity.
(3) (a) The board shall administer the program and award grants to elementary schools
that apply for a grant on a competitive basis.
(b) The board may award a grant of:
(i) up to $10,000 per school for the first year a school participates in the program; and
(ii) up to $20,000 per school for subsequent years a school participates in the program.
(c) (i) After awarding a grant to a school for a particular year, the board may not
change the grant amount awarded to the school for that year.
(ii) The board may award a school a different amount in subsequent years.
(4) An elementary school may participate in the program established under this section
in accordance with State Board of Education rules, made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(5) In selecting elementary schools to participate in the program, the board shall:
(a) require a school in the first year the school participates in the program to provide
matching funds or an in-kind contribution of goods or services in an amount equal to the grant
the school receives from the board;
(b) require a school to participate in the program for two years; and
(c) give preference to Title I schools or schools in need of academic improvement.
(6) The board shall make the following information related to the grants described in
Subsection (3) publicly available on the board's website:
(a) reimbursement procedures that clearly define how a school may spend grant money
and how the board will reimburse the school;
(b) the period of time a school is permitted to spend grant money;
(c) criteria for selecting a school to receive a grant; and
(d) a list of schools that receive a grant and the amount of each school's grant.
(7) A school that receives a grant described in Subsection (3) shall:
(a) (i) set school-wide goals for the school's student leadership skills development
program; and
(ii) require each student to set personal goals; and
(b) provide the following to the board after the first school year of implementation of
the program:
(i) evidence that the grant money was used for the purpose of purchasing or developing
the school's own student leadership skills development program; and
(ii) a report on the effectiveness and impact of the school's student leadership skills
development program on student behavior and academic results as measured by:
(A) a reduction in truancy;
(B) assessments of academic achievement;
(C) a reduction in incidents of student misconduct or disciplinary actions; and
(D) the achievement of school-wide goals and students' personal goals.
(8) After participating in the program for two years, a school may not receive
additional grant money in subsequent years if the school fails to demonstrate an improvement
in student behavior and academic achievement as measured by the data reported under
Subsection (7)(b).
(9) (a) The board shall make a report on the program to the Education Interim
Committee by the committee's October 2016 meeting.
(b) The report shall include an evaluation of the program's success in enhancing a
school's learning environment and improving academic achievement.
Section 48. Section 
53F-2-509
, which is renumbered from Section 53A-17a-170 is
renumbered and amended to read:
[
53A-17a-170
].
 53F-2-509.
Grants for field trips to the State Capitol.
(1) The State Board of Education may award grants to school districts and charter
schools to take students on field trips to the State Capitol.
(2) Grant money may be used to pay for transportation expenses related to a field trip
to the State Capitol.
(3) The State Board of Education shall make rules:
(a) establishing procedures for applying for and awarding grants; and
(b) specifying how grant money shall be allocated among school districts and charter
schools.
Section 49. Section 
53F-2-510
, which is renumbered from Section 53A-1-1505 is
renumbered and amended to read:
[
53A-1-1505
].
 53F-2-510.
Digital Teaching and Learning Grant Program.
(1) As used in this section:
(a) "Advisory committee" means the committee established by the board under
Subsection (9)(b).
(b) "Board" means the State Board of Education.
(c) "Digital readiness assessment" means an assessment provided by the board that:
(i) is completed by an LEA analyzing an LEA's readiness to incorporate comprehensive
digital teaching and learning; and
(ii) informs the preparation of an LEA's plan for incorporating comprehensive digital
teaching and learning.
(d) "High quality professional learning" means the professional learning standards
described in Section 
53G-11-303
.
(e) "Implementation assessment" means an assessment that analyzes an LEA's
implementation of an LEA plan, including identifying areas for improvement, obstacles to
implementation, progress toward the achievement of stated goals, and recommendations going
forward.
(f) "LEA plan" means an LEA's plan to implement a digital teaching and learning
program that meets the requirements of this section and requirements set forth by the board and
the advisory committee.
(g) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(h) "Program" means the Digital Teaching and Learning Grant Program created and
described in Subsections (8) through (13).
(i) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
and Telehealth Network created in Section 
53B-17-105
.
(2) (a) The board shall establish a digital teaching and learning task force to develop a
funding proposal to present to the Legislature for digital teaching and learning in elementary
and secondary schools.
(b) The digital teaching and learning task force shall include representatives of:
(i) the board;
(ii) UETN;
(iii) LEAs; and
(iv) the Governor's Education Excellence Commission.
(3) (a) The board, in consultation with the digital teaching and learning task force
created in Subsection (2), shall create a funding proposal for a statewide digital teaching and
learning program designed to:
(i) improve student outcomes through the use of digital teaching and learning
technology; and
(ii) provide high quality professional learning for educators to improve student
outcomes through the use of digital teaching and learning technology.
(b) The board shall:
(i) identify outcome based metrics to measure student achievement related to a digital
teaching and learning program; and
(ii) develop minimum benchmark standards for student achievement and school level
outcomes to measure successful implementation of a digital teaching and learning program.
(4) As funding allows, the board shall develop a master plan for a statewide digital
teaching and learning program, including the following:
(a) a statement of purpose that describes the objectives or goals the board will
accomplish by implementing a digital teaching and learning program;
(b) a forecast for fundamental components needed to implement a digital teaching and
learning program, including a forecast for:
(i) student and teacher devices;
(ii) Wi-Fi and wireless compatible technology;
(iii) curriculum software;
(iv) assessment solutions;
(v) technical support;
(vi) change management of LEAs;
(vii) high quality professional learning;
(viii) Internet delivery and capacity; and
(ix) security and privacy of users;
(c) a determination of the requirements for:
(i) statewide technology infrastructure; and
(ii) local LEA technology infrastructure;
(d) standards for high quality professional learning related to implementing and
maintaining a digital teaching and learning program;
(e) a statewide technical support plan that will guide the implementation and
maintenance of a digital teaching and learning program, including standards and competency
requirements for technical support personnel;
(f) (i) a grant program for LEAs; or
(ii) a distribution formula to fund LEA digital teaching and learning programs;
(g) in consultation with UETN, an inventory of the state public education system's
current technology resources and other items and a plan to integrate those resources into a
digital teaching and learning program;
(h) an ongoing evaluation process that is overseen by the board;
(i) proposed rules that incorporate the principles of the master plan into the state's
public education system as a whole; and
(j) a plan to ensure long-term sustainability that:
(i) accounts for the financial impacts of a digital teaching and learning program; and
(ii) facilitates the redirection of LEA savings that arise from implementing a digital
teaching and learning program.
(5) UETN shall:
(a) in consultation with the board, conduct an inventory of the state public education
system's current technology resources and other items as determined by UETN, including
software;
(b) perform an engineering study to determine the technology infrastructure needs of
the public education system to implement a digital teaching and learning program, including
the infrastructure needed for the board, UETN, and LEAs; and
(c) as funding allows, provide infrastructure and technology support for school districts
and charter schools.
(6) On or before December 1, 2015, the board and UETN shall present the funding
proposal for a statewide digital teaching and learning program described in Subsection (3) to
the Education Interim Committee and the Executive Appropriations Committee, including:
(a) the board's progress on the development of a master plan described in Subsection
(4); and
(b) the progress of UETN on the inventory and study described in Subsection (5).
(7) Beginning July 1, 2016, and ending July 1, 2021, each LEA, including each school
within an LEA, shall annually complete a digital readiness assessment.
[
(1)
] 
(8)
 There is created the Digital Teaching and Learning Grant Program to improve
educational outcomes in public schools by effectively incorporating comprehensive digital
teaching and learning technology.
[
(2)
] 
(9)
 The board shall:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
adopt rules for the administration of the program, including rules requiring:
(i) an LEA plan to include measures to ensure that the LEA monitors and implements
technology with best practices, including the recommended use for effectiveness;
(ii) an LEA plan to include robust goals for learning outcomes and appropriate
measurements of goal achievement;
(iii) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a
combination of grant and local funds; and
(iv) an LEA to report on funds from expenses previous to the implementation of the
LEA plan that the LEA has redirected after implementation;
(b) establish an advisory committee to make recommendations on the program and
LEA plan requirements and report to the board; and
(c) in accordance with this [
part
] 
section
, approve LEA plans and award grants.
[
(3)
] 
(10)
 (a) The board shall, subject to legislative appropriations, award a grant to an
LEA:
(i) that submits an LEA plan that meets the requirements described in Subsection [
(4)
]
(11)
; and
(ii) for which the LEA's leadership and management members have completed a digital
teaching and learning leadership and implementation training as provided in Subsection [
(3)
]
(10)
(b).
(b) The board or its designee shall provide the training described in Subsection [
(3)
]
(10)
(a)(ii).
[
(4)
] 
(11)
 The board shall establish requirements of an LEA plan that shall include:
(a) the results of the LEA's digital readiness assessment and a proposal to remedy an
obstacle to implementation or other issues identified in the assessment;
(b) a proposal to provide high quality professional learning for educators in the use of
digital teaching and learning technology;
(c) a proposal for leadership training and management restructuring, if necessary, for
successful implementation;
(d) clearly identified targets for improved student achievement, student learning, and
college readiness through digital teaching and learning; and
(e) any other requirement established by the board in rule in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, including an application process and
metrics to analyze the quality of a proposed LEA plan.
[
(5)
] 
(12)
 The board or the board's designee shall establish an interactive dashboard
available to each LEA that is awarded a grant for the LEA to track and report the LEA's
long-term, intermediate, and direct outcomes in realtime and for the LEA to use to create
customized reports.
[
(6)
] 
(13)
 (a) There is no federal funding, federal requirement, federal education
agreement, or national program included or related to this state adopted program.
(b) Any inclusion of federal funding, federal requirement, federal education agreement,
or national program shall require separate express approval as provided in [
Title 53A, Chapter
1, Part 9, Implementing Federal or National Education Programs Act
] 
Title 53E, Chapter 3,
Part 8, Implementing Federal or National Education Programs
.
(14) (a) An LEA that receives a grant as part of the program shall:
(i) subject to Subsection (14)(b), complete an implementation assessment for each year
that the LEA is expending grant money; and
(ii) (A) report the findings of the implementation assessment to the board; and
(B) submit to the board a plan to resolve issues raised in the implementation
assessment.
(b) Each school within the LEA shall:
(i) complete an implementation assessment; and
(ii) submit a compilation report that meets the requirements described in Subsections
(14)(a)(ii)(A) and (B).
(15) The board or the board's designee shall review an implementation assessment and
review each participating LEA's progress from the previous year, as applicable.
(16) The board shall establish interventions for an LEA that does not make progress on
implementation of the LEA's implementation plan, including:
(a) nonrenewal of, or time period extensions for, the LEA's grant;
(b) reduction of funds; or
(c) other interventions to assist the LEA.
(17) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board shall
contract with an independent evaluator to:
(a) annually evaluate statewide direct and intermediate outcomes beginning the first
year that grants are awarded, including baseline data collection for long-term outcomes;
(b) in the fourth year after a grant is awarded, and each year thereafter, evaluate
statewide long-term outcomes; and
(c) report on the information described in Subsections (17)(a) and (b) to the board.
(18) (a) To implement an LEA plan, a contract, in accordance with Title 63G, Chapter
6a, Utah Procurement Code, or other agreement with one or more providers of technology
powered learning solutions and one or more providers of wireless networking solutions may be
entered into by:
(i) UETN, in cooperation with or on behalf of, as applicable, the board, the board's
designee, or an LEA; or
(ii) an LEA.
(b) A contract or agreement entered into under Subsection (18)(a) may be a contract or
agreement that:
(i) UETN enters into with a provider and payment for services is directly appropriated
by the Legislature, as funds are available, to UETN;
(ii) UETN enters into with a provider and pays for the provider's services and is
reimbursed for payments by an LEA that benefits from the services;
(iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
agreement directly with the provider and the LEA pays directly for the provider's services; or
(iv) an LEA enters into directly, pays a provider, and receives preapproved
reimbursement from a UETN fund established for this purpose.
(c) If an LEA does not reimburse UETN in a reasonable time for services received
under a contract or agreement described in Subsection (18)(b), the board shall pay the balance
due to UETN from the LEA's funds received under Title 53F, Chapter 2, State Funding --
Minimum School Program.
(d) If UETN negotiates or enters into an agreement as described in Subsection
(18)(b)(ii) or (18)(b)(iii), and UETN enters into an additional agreement with an LEA that is
associated with the agreement described in Subsection (18)(b)(ii) or (18)(b)(iii), the associated
agreement may be treated by UETN and the LEA as a cooperative procurement, as that term is
defined in Section 
63G-6a-103
, regardless of whether the associated agreement satisfies the
requirements of Section 
63G-6a-2105
.
Section 50. Section 
53F-2-511
, which is renumbered from Section 53A-17a-174 is
renumbered and amended to read:
[
53A-17a-174
].
 53F-2-511.
Reimbursement Program for Early Graduation
From Competency-Based Education.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Cohort" means a group of students, defined by the year in which the group enters
grade 9.
(c) "Eligible LEA" means an LEA that has demonstrated to the board that the LEA or,
for a school district, a school within the LEA, provides and facilitates competency-based
education that:
(i) is based on the core principles described in Section [
53A-15-1803
] 
53F-5-502
; and
(ii) meets other criteria established by the board in rule.
(d) "Eligible student" means an individual who:
(i) attended an eligible LEA and graduated by completing graduation requirements, as
described in Section [
53A-13-108
] 
53E-4-204
, earlier than that individual's cohort completed
graduation requirements because of the individual's participation in the eligible LEA's
competency-based education;
(ii) no longer attends the eligible LEA; and
(iii) is not included in the LEA's average daily membership under this chapter.
(e) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(f) "Partial pupil" means if an eligible student attends less than a full year of
membership, the number of days the student was in membership compared to a full
membership year.
(g) "Program" means the Reimbursement Program for Early Graduation From
Competency-Based Education established in this section.
(2) (a) There is established the Reimbursement Program for Early Graduation From
Competency-Based Education.
(b) Subject to future budget constraints, the Legislature may annually appropriate
money to the Reimbursement Program for Early Graduation From Competency-Based
Education.
(3) An LEA may apply to the board to receive a reimbursement, as described in
Subsection (5), for an eligible student.
(4) The board shall approve a reimbursement to an LEA after the LEA demonstrates:
(a) that the LEA is an eligible LEA; and
(b) that the individual for whom the eligible LEA requests reimbursement is an eligible
student.
(5) (a) For each eligible student, the board shall only reimburse an eligible LEA:
(i) if the eligible student attended the eligible LEA for less than a full school year
before the eligible student's cohort graduated, up to the value of one weighted pupil unit pro
rated based on the difference between:
(A) the number of days of partial pupil in average daily membership earned by the
eligible LEA while the eligible student was still in attendance; and
(B) a full pupil in average daily membership; and
(ii) the value of one weighted pupil unit for each full school year the eligible student
graduated ahead of the eligible student's cohort.
(b) The board shall:
(i) use data from the prior year average daily membership to determine the number of
eligible students; and
(ii) reimburse the eligible LEA in the current school year.
(6) The board shall in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, adopt rules to administer the provisions of this section.
Section 51. Section 
53F-2-512
, which is renumbered from Section 53A-17a-112.2 is
renumbered and amended to read:
[
53A-17a-112.2
].
 53F-2-512.
Appropriation for accommodation plans for
students with Section 504 accommodations.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(c) "Section 504 accommodation plan" means an accommodation plan under Section
504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.
(2) (a) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that establish a reimbursement program that:
(i) distributes any money appropriated to the board for Special Education -- Section
504 Accommodations;
(ii) allows an LEA to apply for reimbursement of the costs of services that:
(A) an LEA renders to a student with a Section 504 accommodation plan; and
(B) exceed 150% of the average cost of a general education student; and
(iii) provides for a pro-rated reimbursement based on the amount of reimbursement
applications received during a given fiscal year and the amount of money appropriated to the
board that fiscal year.
(b) Beginning with the 2018-19 school year, the board shall allocate money
appropriated to the board for Special Education -- Section 504 Accommodations in accordance
with the rules described in Subsection (2)(a).
(3) On or before January 30, 2018, the board shall report to the Public Education
Appropriations Subcommittee:
(a) information collected regarding the number of students who qualify for a Section
504 accommodation plan; and
(b) if available, the estimated financial impact of providing Section 504
accommodation services to the number of students described in Subsection (3)(a).
Section 52. Section 
53F-2-513
, which is renumbered from Section 53A-17a-173 is
renumbered and amended to read:
[
53A-17a-173
].
 53F-2-513.
Effective Teachers in High Poverty Schools
Incentive Program -- Salary bonus -- Evaluation.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Cohort" means a group of students, defined by the year in which the group enters
grade 1.
(c) "Eligible teacher" means a teacher who:
(i) is employed as a teacher in a high poverty school at the time the teacher is
considered by the board for a salary bonus; and
(ii) achieves a median growth percentile of 70 or higher:
(A) a full school year before the school year the eligible teacher is being considered by
the board for a salary bonus under this section, regardless of whether the teacher was employed
the previous school year by a high poverty school or a different public school; and
(B) while teaching at any public school in the state a course for which a standards
assessment is administered as described in Section [
53A-1-604
] 
53E-4-303
.
(d) "High poverty school" means a public school:
(i) in which:
(A) more than 20% of the enrolled students are classified as children affected by
intergenerational poverty; or
(B) 70% or more of the enrolled students qualify for free or reduced lunch; or
(ii) (A) that has previously met the criteria described in Subsection (1)(d)(i)(A) and for
each school year since meeting that criteria at least 15% of the enrolled students at the public
school have been classified as children affected by intergenerational poverty; or
(B) that has previously met the criteria described in Subsection (1)(d)(i)(B) and for
each school year since meeting that criteria at least 60% of the enrolled students at the public
school have qualified for free or reduced lunch.
(e) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(f) "Median growth percentile" means a number that describes the comparative
effectiveness of a teacher in helping the teacher's students achieve growth in a year by
identifying the median student growth percentile of all the students a teacher instructs.
(g) "Program" means the Effective Teachers in High Poverty Schools Incentive
Program created in Subsection (2).
(h) "Student growth percentile" is a number that describes where a student ranks in
comparison to the student's cohort.
(2) (a) The Effective Teachers in High Poverty Schools Incentive Program is created to
provide an annual salary bonus for an eligible teacher.
(b) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules for:
(i) the administration of the program;
(ii) payment of a salary bonus; and
(iii) application requirements.
(c) The board shall make an annual salary bonus payment in a fiscal year that begins on
July 1, 2017, and each fiscal year thereafter in which money is appropriated for the program.
(3) (a) Subject to future budget constraints, the Legislature shall annually appropriate
money to fund the program.
(b) Money appropriated for the program shall include money for the following
employer-paid benefits:
(i) social security; and
(ii) Medicare.
(4) (a) (i) A charter school or school district school shall annually apply to the board on
behalf of an eligible teacher for an eligible teacher to receive an annual salary bonus each year
that the teacher is an eligible teacher.
(ii) A teacher need not be an eligible teacher in consecutive years to receive the
increased annual salary bonus described in Subsection (4)(b).
(b) The annual salary bonus for an eligible teacher is $5,000.
(c) A public school that applies on behalf of an eligible teacher under Subsection
(4)(a)(i) shall pay half of the salary bonus described in Subsection (4)(b) each year the eligible
teacher is awarded the salary bonus.
(d) The board shall award a salary bonus to an eligible teacher based on the order that
an application from a public school on behalf of the eligible teacher is received.
(5) The board shall:
(a) determine if a teacher is an eligible teacher; and
(b) verify, as needed, the determinations made under Subsection (5)(a) with the school
district and school district administrators.
(6) The board shall:
(a) distribute money from the program to school districts and charter schools in
accordance with this section and board rule; and
(b) include the employer-paid benefits described in Subsection (3)(b) in addition to the
salary bonus amount described in Subsection (4)(b).
(7) Money received from the program shall be used by a school district or charter
school to provide an annual salary bonus equal to the amount specified in Subsection (4)(b) for
each eligible teacher and to pay affiliated employer-paid benefits described in Subsection
(3)(b).
(8) (a) After the third year salary bonus payments are made, and each succeeding year,
the board shall evaluate the extent to which a salary bonus described in this section improves
recruitment and retention of effective teachers in high poverty schools by at least:
(i) surveying teachers who receive the salary bonus; and
(ii) examining turnover rates of teachers who receive the salary bonus compared to
teachers who do not receive the salary bonus.
(b) Each year that the board conducts an evaluation described in Subsection (8)(a), the
board shall, in accordance with Section 
68-3-14
, submit a report on the results of the evaluation
to the Education Interim Committee on or before November 30.
(9) A public school shall annually notify a teacher:
(a) of the teacher's median growth percentile; and
(b) how the teacher's median growth percentile is calculated.
(10) Notwithstanding this section, if the appropriation for the program is insufficient to
cover the costs associated with salary bonuses, the board may limit or reduce a salary bonus.
Section 53. Section 
53F-2-514
, which is renumbered from Section 53A-1a-601 is
renumbered and amended to read:
[
53A-1a-601
].
 53F-2-514.
Job enhancements for mathematics, science,
technology, and special education training.
(1) As used in this [
part
] 
section
, "special education teacher" includes occupational
therapist.
(2) The Public Education Job Enhancement Program is established to attract, train, and
retain highly qualified:
(a) secondary teachers with expertise in mathematics, physics, chemistry, physical
science, learning technology, or information technology;
(b) special education teachers; and
(c) teachers in grades four through six with mathematics endorsements.
(3) The program shall provide for the following:
(a) application by a school district superintendent or the principal of a school on behalf
of a qualified teacher;
(b) an award of up to $20,000 or a scholarship to cover the tuition costs for a master's
degree, an endorsement, or graduate education in the areas identified in Subsection (2) to be
given to selected public school teachers on a competitive basis:
(i) whose applications are approved; and
(ii) who teach in the state's public education system for four years in the areas
identified in Subsection (2);
(c) (i) as to the cash awards under Subsection (3)(b), payment of the award in two
installments, with an initial payment of up to $10,000 at the beginning of the term and up to
$10,000 at the conclusion of the term;
(ii) repayment of a portion of the initial payment by the teacher if the teacher fails to
complete two years of the four-year teaching term in the areas identified in Subsection (2) as
provided by rule of the State Board of Education in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, unless waived for good cause by the State Board of
Education; and
(iii) nonpayment of the second installment if the teacher fails to complete the four-year
teaching term; and
(d) (i) as to the scholarships awarded under Subsection (3)(b), provision for the
providing institution to certify adequate performance in obtaining the master's degree,
endorsement, or graduate education in order for the teacher to maintain the scholarship; and
(ii) repayment by the teacher of a prorated portion of the scholarship, if the teacher fails
to complete the authorized classes or program or to teach in the state system of public
education in the areas identified in Subsection (2) for four years after obtaining the master's
degree, the endorsement, or graduate education.
(4) An individual teaching in the public schools under a letter of authorization may
participate in the cash award program if:
(a) the individual has taught under the letter of authorization for at least one year in the
areas referred to in Subsection (2); and
(b) the application made under Subsection (3)(a) is based in large part upon the
individual receiving a superior evaluation as a classroom teacher.
(5) (a) The program may provide for the expenditure of up to $1,000,000 of available
money, if at least an equal amount of matching money becomes available, to provide
professional development training to superintendents, administrators, and principals in the
effective use of technology in public schools.
(b) An award granted under this Subsection (5) shall be made in accordance with
criteria developed and adopted by the State Board of Education and in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) An amount up to $120,000 of the $1,000,000 authorized in Subsection (5)(a) may
be expended, regardless of the matching money being available.
Section 54. Section 
53F-2-515
, which is renumbered from Section 53A-17a-143 is
renumbered and amended to read:
[
53A-17a-143
].
 53F-2-515.
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 a local school board
and authorized by the Legislature under Section [
53A-17a-135
] 
53F-2-301
, 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 the school district's basic program for operation and
maintenance under the state minimum school finance law.
(3) During 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 the
school district's basic program.
(4) 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 55. Section 
53F-2-516
, which is renumbered from Section 53A-15-104 is
renumbered and amended to read:
[
53A-15-104
].
 53F-2-516.
Critical Languages Program -- Pilot.
(1) (a) As used in this section, "critical languages" means those languages described in
the federal National Security Language Initiative, including Chinese, Arabic, Russian, Farsi,
Hindi, and Korean.
(b) The Legislature recognizes:
(i) the importance of students acquiring skills in foreign languages in order for them to
successfully compete in a global society; and
(ii) the academic, societal, and economic development benefits of the acquisition of
critical languages.
(2) (a) The State Board of Education, in consultation with the Utah Education and
Telehealth Network, shall develop and implement courses of study in the critical languages.
(b) A course may be taught:
(i) over the state's two-way interactive video conferencing system for video and audio,
to students in the state's public education system;
(ii) through the Electronic High School;
(iii) through traditional instruction; or
(iv) by visiting guest teachers.
(3) (a) The courses authorized in Subsection (2) may use paraprofessionals in the
classroom who:
(i) are fluent in the critical language being taught; and
(ii) can provide reinforcement and tutoring to students on days and at times when they
are not receiving instruction under Subsection (2)(b).
(b) The State Board of Education, through the state superintendent of public
instruction, shall ensure that the paraprofessionals are fluent in the critical languages.
(4) The State Board of Education shall make rules on the critical languages courses
authorized under this section in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to include:
(a) notification to school districts on the times and places of the course offerings; and
(b) instructional materials for the courses.
(5) The State Board of Education shall track and monitor the Critical Languages
Program and may expand the program to include more course offerings and other critical
languages, subject to student demand for the courses and available resources.
(6) (a) Subject to funding for the program, the State Board of Education shall establish
a pilot program for school districts and schools to initially participate in the Critical Languages
Program that provides:
(i) up to $6,000 per language per school, for up to 60 schools, for courses offered in
critical languages;
(ii) up to $100 per student who completes a critical languages course; and
(iii) up to an additional $400 per foreign exchange student who completes a critical
languages course.
(b) If the available funding is insufficient to provide the amounts described under
Subsection (6)(a), the amounts provided shall be reduced pro rata so that the total provided
does not exceed the available funding.
Section 56. Section 
53F-2-517
, which is renumbered from Section 53A-17a-124 is
renumbered and amended to read:
[
53A-17a-124
].
 53F-2-517.
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 State Board of Education, after consultation with local education boards, that
allocates the funding in a fair and equitable manner.
(2) Local education boards shall use Quality Teaching Block Grant money to
implement professional learning that meets the standards specified in Section [
53A-3-701
]
53G-11-303
.
Section 57. Section 
53F-2-518
, which is renumbered from Section 53A-17a-125 is
renumbered and amended to read:
[
53A-17a-125
].
 53F-2-518.
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 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 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 makes an election of nonparticipation in the
Utah State Retirement Systems in accordance with Section [
53A-1a-512
] 
53G-5-407
 and Title
49, Utah State Retirement and Insurance Benefit Act, shall use the funds described under this
section for retirement to provide the charter school's own compensation, benefit, and retirement
programs.
Section 58. Section 
53F-2-601
 is enacted to read:
Part 6. State Guarantee Funding
 53F-2-601.
Voted local levy state guarantee.
(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 
53F-2-602
 in the same fiscal year.
(2) In addition to the revenue collected from the imposition of a levy pursuant to
Section 
53F-8-301
, 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.
(3) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar
of taxable value under Subsection (2) shall apply to the portion of the board local levy
authorized in Section 
53F-8-302
, so that the guarantee shall apply up to a total of .002 per
dollar of taxable value if a local school board levies a tax rate under both programs.
(4) (a) Beginning July 1, 2015, the $35.55 guarantee under Subsections (2) and (3)
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.
(b) 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.
(5) (a) The amount of state guarantee money to which a school district would otherwise
be entitled to receive under this section 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.
(b) Subsection (5)(a) applies for a period of five years following any such change in the
certified tax rate.
(6) 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.
(7) (a) If a voted and board local levy funding balance exists for the prior fiscal year,
the State Board of Education shall:
(i) 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) in the current fiscal year; and
(ii) 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 (7)(a)(i).
(b) The State Board of Education shall report action taken under this Subsection (7) to
the Office of the Legislative Fiscal Analyst and the Governor's Office of Management and
Budget.
Section 59. Section 
53F-2-602
 is enacted to read:
 53F-2-602.
Board local levy state guarantee.
(1) In addition to the revenue a school district collects from the imposition of a levy
pursuant to Section 
53F-8-302
, the state shall contribute an amount sufficient to guarantee that
each .0001 of the first .0004 per dollar of taxable value generates an amount equal to the state
guarantee per weighted pupil unit described in Section 
53F-2-601
.
(2) (a) The amount of state guarantee money to which a school district would otherwise
be entitled to under this section may not be reduced for the sole reason that the 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.
(b) Subsection (2)(a) applies for a period of five years following any changes in the
certified tax rate.
Section 60. Section 
53F-2-701
 is enacted to read:
Part 7. Charter School Funding
 53F-2-701.
Definitions.
The terms defined in Section 
53G-5-102
 apply to this part.
Section 61. Section 
53F-2-702
, which is renumbered from Section 53A-1a-513 is
renumbered and amended to read:
[
53A-1a-513
].
 53F-2-702.
Funding for charter schools.
[
(1) As used in this section:
]
[
(a) "Basic program" means the same as that term is defined in Section 
53A-17a-103
.
]
[
(b) "Charter school students' average local revenues" means the amount determined as
follows:
]
[
(i) for each student enrolled in a charter school on the previous October 1, calculate
the district per pupil local revenues of the school district in which the student resides;
]
[
(ii) sum the district per pupil local revenues for each student enrolled in a charter
school on the previous October 1; and
]
[
(iii) divide the sum calculated under Subsection (1)(b)(ii) by the number of students
enrolled in charter schools on the previous October 1.
]
[
(c) "Charter school levy per pupil revenues" means the same as that term is defined in
Section 
53A-1a-513.1
.
]
[
(d) "District local property tax revenues" means the sum of a school district's revenue
received from the following:
]
[
(i) a voted local levy imposed under Section 
53A-17a-133
;
]
[
(ii) a board local levy imposed under Section 
53A-17a-164
, excluding revenues
expended for:
]
[
(A) pupil transportation, up to the amount of revenue generated by a .0003 per dollar
of taxable value of the school district's board local levy; and
]
[
(B) the K-3 Reading Improvement Program, up to the amount of revenue generated by
a .000121 per dollar of taxable value of the school district's board local levy;
]
[
(iii) a capital local levy imposed under Section 
53A-16-113
; and
]
[
(iv) a guarantee described in Section 
53A-17a-133
, 
53A-17a-164
, 
53A-21-202
, or
53A-21-302
.
]
[
(e) "District per pupil local revenues" means, using data from the most recently
published school district annual financial reports and state superintendent's annual report, an
amount equal to district local property tax revenues divided by the sum of:
]
[
(i) a school district's average daily membership; and
]
[
(ii) the average daily membership of a school district's resident students who attend
charter schools.
]
[
(f) "Resident student" means a student who is considered a resident of the school
district under Title 53A, Chapter 2, Part 2, District of Residency.
]
[
(g) "Statewide average debt service revenues" means the amount determined as
follows, using data from the most recently published state superintendent's annual report:
]
[
(i) sum the revenues of each school district from the debt service levy imposed under
Section 
11-14-310
; and
]
[
(ii) divide the sum calculated under Subsection (1)(g)(i) by statewide school district
average daily membership.
]
[
(2)
] 
(1)
 (a) Charter schools shall receive funding as described in this section, except
Subsections [
(3)
] 
(2)
 through [
(7)
] 
(6)
 do not apply to charter schools described in Subsection
[
(2)
] 
(1)
(b).
(b) Charter schools authorized by local school boards that are converted from district
schools or operate in district facilities without paying reasonable rent shall receive funding as
prescribed in Section [
53A-1a-515
] 
53G-5-305
.
[
(3) (a)
] 
(2)
 Except as [
provided in Subsections (3)(b) and (3)(c)
] 
described in Section
53F-2-302
, a charter school shall receive state funds, as applicable, on the same basis as a
school district receives funds.
[
(b) For the 2015-16 school year, the number of weighted pupil units assigned to a
charter school for the kindergarten and grades 1 through 12 programs of the Basic School
Program shall be:
]
[
(i) based on the higher of:
]
[
(A) October 1 enrollment in the current school year; or
]
[
(B) average daily membership in the prior school year plus growth as determined
under Section 
53A-17a-106
; and
]
[
(ii) weighted as provided in Subsection (3)(c).
]
[
(c) In distributing funds under Chapter 17a, Minimum School Program Act, to charter
schools, charter school pupils shall be weighted, where applicable, as follows:
]
[
(i) .55 for kindergarten pupils;
]
[
(ii) .9 for pupils in grades 1 through 6;
]
[
(iii) .99 for pupils in grades 7 through 8; and
]
[
(iv) 1.2 for pupils in grades 9 through 12.
]
[
(4)
] 
(3)
 (a) As described in Section [
53A-1a-513.1
] 
53F-2-703
, the State Board of
Education shall distribute charter school levy per pupil revenues to charter schools.
(b) [
(i) Subject
] 
As described in Section 
53F-2-704
, and subject
 to future budget
constraints, the Legislature shall provide an appropriation for charter schools for each charter
school student enrolled on October 1 to supplement the allocation of charter school levy per
pupil revenues described in Subsection [
(4)
] 
(3)
(a).
[
(ii) Except as provided in Subsection (4)(b)(iii), the amount of money provided by the
state for a charter school student shall be the sum of:
]
[
(A) charter school students' average local revenues minus the charter school levy per
pupil revenues; and
]
[
(B) statewide average debt service revenues.
]
[
(iii) If the total of charter school levy per pupil revenues and the amount provided by
the state under Subsection (4)(b)(ii) is less than $1,427, the state shall provide an additional
supplement so that a charter school receives at least $1,427 per student under this Subsection
(4).
]
[
(iv) (A) If the appropriation provided under this Subsection (4)(b) is less than the
amount prescribed by Subsection (4)(b)(ii) or (4)(b)(iii), 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.
]
[
(B) If the State Board of Education makes adjustments to Minimum School Program
allocations as provided under Section 
53A-17a-105
, the allocation provided in Subsection
(4)(b)(iv)(A) shall be determined after adjustments are made under Section 
53A-17a-105
.
]
[
(c) (i) Of the money provided to a charter school under this Subsection (4), 10% shall
be expended for funding school facilities only.
]
[
(ii) Subsection (4)(c)(i) does not apply to an online charter school.
]
[
(d) This Subsection (4) is effective July 1, 2017.
] 
[
(5)
] 
(4)
 Charter schools are eligible to receive federal funds if they meet all applicable
federal requirements and comply with relevant federal regulations.
[
(6)
] 
(5)
 The State Board of Education shall distribute funds for charter school students
directly to the charter school.
[
(7)
] 
(6)
 (a) Notwithstanding Subsection [
(3)
] 
(2)
, a charter school is not eligible to
receive state transportation funding.
(b) The board shall also adopt rules relating to the transportation of students to and
from charter schools, taking into account Sections [
53A-2-210
 and 
53A-17a-127
] 
53F-2-403
and 
53G-6-405
.
(c) The governing board of the charter school may provide transportation through an
agreement or contract with the local school board, a private provider, or parents.
[
(8)
] 
(7)
 (a) (i) In accordance with Section [
53A-1a-513.5
] 
53F-2-705
, the State
Charter School Board may allocate grants for start-up costs to charter schools from money
appropriated for charter school start-up costs.
(ii) The governing board of a charter school that receives money from a grant under
Section [
53A-1a-513.5
] 
53F-2-705
 shall use the grant for expenses for planning and
implementation of the charter school.
(b) The State Board of Education shall coordinate the distribution of federal money
appropriated to help fund costs for establishing and maintaining charter schools within the
state.
[
(9)
] 
(8)
 (a) A charter school may receive, hold, manage and use any devise, bequest,
grant, endowment, gift, or donation of any property made to the school for any of the purposes
of [
this part
] 
Title 53G, Chapter 5, Charter Schools, or related provisions 
.
(b) It is unlawful for any person affiliated with a charter school to demand or request
any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
with the charter school as a condition for employment or enrollment at the school or continued
attendance at the school.
Section 62. Section 
53F-2-703
, which is renumbered from Section 53A-1a-513.1 is
renumbered and amended to read:
[
53A-1a-513.1
].
 53F-2-703.
Charter school levy.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Charter School Levy Account" means the Charter School Levy Account created in
Section [
53A-1a-513.2
] 
53F-9-301
.
(c) "Charter school levy per district revenues" means the product of:
(i) a school district's district per pupil local revenues; and
(ii) the number of charter school students in the school district who are resident
students.
(d) "Charter school levy per pupil revenues" means an amount equal to the following:
(i) charter school levy total local revenues for a given fiscal year, adjusted if necessary
as described in Subsection (4); divided by
(ii) the number of students enrolled in a charter school on October 1 of the prior school
year.
(e) "Charter school levy revenues" means the charter school levy revenues generated by
a charter school levy rate described in Subsection (2)(b)(i).
(f) "Charter school levy total local revenues" means the sum of charter school levy per
district revenues for every school district in the state for the same given fiscal year.
(g) "District per pupil local revenues" means the same as that term is defined in Section
[
53A-1a-513
] 
53F-2-704
.
(h) "Resident student" means the same as that term is defined in Section [
53A-1a-513
]
53F-2-704
.
(2) (a) Beginning with the taxable year beginning on January 1, 2017, the state shall
annually impose a charter school levy as described in this Subsection (2).
(b) (i) For each school district, before June 22, the State Tax Commission shall certify
a rate for the charter school levy described in Subsection (2)(a) to generate an amount of
revenue within a school district equal to 25% of the charter school levy per district revenues
excluding the amount of revenues:
(A) described in Subsection [
53A-1a-513
(1)(d)(iv)
] 
53F-2-704
(1)(c)(iv)
; and
(B) expended by the school district for recreational facilities and activities authorized
under Title 11, Chapter 2, Playgrounds.
(ii) To calculate a charter school levy rate for a school district, the State Tax
Commission shall use the calculation method described in Subsection 
59-2-924
[
(3)(c)(ii)
]
(4)
.
(c) The charter school levy shall be separately stated on a tax notice.
(3) (a) A county treasurer shall collect the charter school levy revenues for all school
districts located within the county treasurer's county and remit the money monthly to the state
treasurer.
(b) The state treasurer shall deposit the charter school levy revenues received from a
county treasurer into the Charter School Levy Account.
(4) (a) For each charter school student, the board shall distribute the charter school per
pupil levy revenues from the Charter School Levy Account to the student's charter school in
accordance with this Subsection (4).
(b) For a given fiscal year, if the actual charter school levy total local revenues are
more than the estimated charter school levy total local revenues the board shall:
(i) deduct the amount of revenue that exceeds the estimated charter school levy total
local revenues from the actual charter school levy total local revenues; and
(ii) use the remaining amount to calculate the charter school per pupil levy revenues.
(c) For a given fiscal year, if the actual charter school total local revenues are less than
the estimated charter school levy total local revenues, the board shall:
(i) if sufficient funds are available in the Charter School Levy Account, add an amount
of funds from the Charter School Levy Account to the charter school levy total local revenues
to equal the estimated charter school levy total local revenues; and
(ii) if sufficient funds are not available in the Charter School Levy Account, calculate
the charter school per pupil levy revenues using the actual amount of the charter school levy
total local revenues.
Section 63. Section 
53F-2-704
 is enacted to read:
 53F-2-704.
Charter school levy state guarantee.
(1) As used in this section:
(a) "Charter school levy per pupil revenues" means the same as that term is defined in
Section 
53F-2-703
.
(b) "Charter school students' average local revenues" means the amount determined as
follows:
(i) for each student enrolled in a charter school on the previous October 1, calculate the
district per pupil local revenues of the school district in which the student resides;
(ii) sum the district per pupil local revenues for each student enrolled in a charter
school on the previous October 1; and
(iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
enrolled in charter schools on the previous October 1.
(c) "District local property tax revenues" means the sum of a school district's revenue
received from the following:
(i) a voted local levy imposed under Section 
53F-8-301
;
(ii) a board local levy imposed under Section 
53F-8-302
, excluding revenues expended
for:
(A) pupil transportation, up to the amount of revenue generated by a .0003 per dollar of
taxable value of the school district's board local levy; and
(B) the K-3 Reading Improvement Program, up to the amount of revenue generated by
a .000121 per dollar of taxable value of the school district's board local levy;
(iii) a capital local levy imposed under Section 
53F-8-303
; and
(iv) a guarantee described in Section 
53F-2-601
, 
53F-2-602
, 
53F-3-202
, or 
53F-3-203
.
(d) "District per pupil local revenues" means, using data from the most recently
published school district annual financial reports and state superintendent's annual report, an
amount equal to district local property tax revenues divided by the sum of:
(i) a school district's average daily membership; and
(ii) the average daily membership of a school district's resident students who attend
charter schools.
(e) "Resident student" means a student who is considered a resident of the school
district under Title 53G, Chapter 6, Part 3, School District Residency.
(f) "Statewide average debt service revenues" means the amount determined as
follows, using data from the most recently published state superintendent's annual report:
(i) sum the revenues of each school district from the debt service levy imposed under
Section 
11-14-310
; and
(ii) divide the sum calculated under Subsection (1)(f)(i) by statewide school district
average daily membership.
(2) (a) Subject to future budget constraints, the Legislature shall provide an
appropriation for charter schools for each charter school student enrolled on October 1 to
supplement the allocation of charter school levy per pupil revenues described in Subsection
53F-2-702
(3)(a).
(b) Except as provided in Subsection (2)(c), the amount of money provided by the state
for a charter school student shall be the sum of:
(i) charter school students' average local revenues minus the charter school levy per
pupil revenues; and
(ii) statewide average debt service revenues.
(c) If the total of charter school levy per pupil revenues distributed by the State Board
of Education and the amount provided by the state under Subsection (2)(b) is less than $1,427,
the state shall provide an additional supplement so that a charter school receives at least $1,427
per student under Subsection 
53F-2-702
(3).
(d) (i) If the appropriation provided under this Subsection (2) is less than the amount
prescribed by Subsection (2)(b) or (c), 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 as provided under Section 
53F-2-205
, the allocation provided in Subsection
(2)(d)(i) shall be determined after adjustments are made under Section 
53F-2-205
.
(3) (a) Except as provided in Subsection (3)(b), of the money provided to a charter
school under Subsection 
53F-2-702
(3), 10% shall be expended for funding school facilities
only.
(b) Subsection (3)(a) does not apply to an online charter school.
Section 64. Section 
53F-2-705
, which is renumbered from Section 53A-1a-513.5 is
renumbered and amended to read:
[
53A-1a-513.5
].
 53F-2-705.
Grants for charter school start-up costs.
(1) (a) The State Charter School Board shall use money appropriated for charter school
start-up costs to provide grants to charter schools to pay for expenses for the planning and
implementation of a charter school.
(b) The State Charter School Board:
(i) may use up to 8% of the money appropriated for charter school start-up costs for
financial monitoring of new charter schools and to provide professional development or
technical assistance for governing board members and staff of new charter schools; and
(ii) in accordance with rules adopted by the State Board of Education, may use up to
$200,000 of the money appropriated for charter school start-up costs for a mentoring program
for new and existing charter schools.
(2) The amount of a grant for charter school start-up costs shall be based on the
authorized enrollment of the charter school.
(3) The State Board of Education shall make rules consistent with this section
specifying:
(a) procedures for applying for and awarding grants for charter school start-up costs;
(b) permitted uses of grant money; and
(c) requirements for a charter school to submit the following to the State Charter
School Board:
(i) a budget for the grant money; and
(ii) a final report on the expenditure of the grant money.
(4) The State Board of Education shall make rules establishing a mentoring program
for new and existing charter schools.
Section 65. Section 
53F-3-101
 is enacted to read:
CHAPTER 3. STATE FUNDING -- CAPITAL OUTLAY PROGRAMS
Part 1. General Provisions
 53F-3-101.
Title.
This chapter is known as "State Funding -- Capital Outlay Programs."
Section 66. Section 
53F-3-102
, which is renumbered from Section 53A-21-101.5 is
renumbered and amended to read:
[
53A-21-101.5
].
 53F-3-102.
Definitions.
As used in this chapter:
(1) "ADM" or "pupil in average daily membership" is as defined in Section
[
53A-17a-103
] 
53F-2-102
.
(2) "Base tax effort rate" means the average of:
(a) the highest combined capital levy rate; and
(b) the average combined capital levy rate for the school districts statewide.
(3) "Combined capital levy rate" means a rate that includes the sum of the following
property tax levies:
(a) (i) the capital outlay levy authorized in Section [
53A-16-107
] 
53F-8-401
;
(ii) the portion of the 10% of basic levy described in Section [
53A-17a-145
] 
53F-8-405
that is budgeted for debt service or capital outlay;
(iii) the debt service levy authorized in Section 
11-14-310
; and
(iv) the voted capital outlay leeway authorized in Section [
53A-16-110
] 
53F-8-402
; or
(b) (i) the capital local levy authorized in Section [
53A-16-113
] 
53F-8-303
; and
(ii) the debt service levy authorized in Section 
11-14-310
.
(4) "Derived net taxable value" means the quotient of:
(a) the total property tax collections from April 1 through the following March 31 for a
school district for the calendar year preceding the March 31 date; divided by
(b) the school district's total tax rate for the calendar year preceding the March 31
referenced in Subsection (4)(a).
(5) "Highest combined capital levy rate" means the highest combined capital levy rate
imposed by a school district within the state for a fiscal year.
(6) "Property tax base per ADM" means the quotient of:
(a) a school district's derived net taxable value; divided by
(b) the school district's ADM.
(7) "Property tax yield per ADM" means:
(a) the product of:
(i) a school district's derived net taxable value; and
(ii) the base tax effort rate; divided by
(b) the school district's ADM.
(8) "Statewide average property tax base per ADM" means the quotient of:
(a) the sum of all school districts' derived net taxable value; divided by
(b) the sum of all school districts' ADM.
Section 67. Section 
53F-3-201
, which is renumbered from Section 53A-21-102 is
renumbered and amended to read:
Part 2. Capital Outlay Programs
[
53A-21-102
].
 53F-3-201.
Capital outlay programs -- Use of funds.
A school district may only use the money provided under this chapter for school district
capital outlay and debt service purposes.
Section 68. Section 
53F-3-202
, which is renumbered from Section 53A-21-202 is
renumbered and amended to read:
[
53A-21-202
].
 53F-3-202.
Capital Outlay Foundation Program created --
Distribution formulas -- Allocations.
(1) As used in this section:
(a) "Foundation guarantee level per ADM" means a minimum revenue amount per
ADM generated by the base tax effort rate, including the following:
(i) the revenue generated locally from a school district's combined capital levy rate; and
(ii) the revenue allocated to a school district by the State Board of Education in
accordance with Section 
53F-3-202
.
(b) "Qualifying school district" means a school district with a property tax yield per
ADM less than the foundation guarantee level per ADM.
(c) "Small school district" means a school district that has fewer than 1,000 pupils in
average daily membership.
(2) There is created the Capital Outlay Foundation Program to provide capital outlay
funding to a school district based on a district's local property tax effort and property tax yield
per student compared to a foundation guarantee funding level.
[
(1)
] 
(3)
 (a) The State Board of Education shall determine the foundation guarantee
level per ADM that fully allocates the funds appropriated to the State Board of Education for
distribution under this section.
(b) In determining the foundation guarantee level per ADM and a school district's
allocation of funds under this [
part
] 
section
, the State Board of Education shall use data from
the fiscal year that is two years prior to the fiscal year the school district receives the allocation,
including the:
(i) number of pupils in average daily membership;
(ii) tax rates; and
(iii) derived net taxable value.
[
(2)
] 
(4)
 By June 1, a county treasurer shall report to the State Board of Education the
actual collections of property taxes in the school districts located within the county treasurer's
county for the period beginning April 1 through the following March 31 immediately preceding
that June 1.
[
(3)
] 
(5)
 If a qualifying school district imposes a combined capital levy rate that is
greater than or equal to the base tax effort rate, the State Board of Education shall allocate to
the qualifying school district an amount equal to the product of the following:
(a) the qualifying school district's ADM; and
(b) an amount equal to the difference between the following:
(i) the foundation guarantee level per ADM, as determined in accordance with
Subsection [
(1)
] 
(3)
; and
(ii) the qualifying school district's property tax yield per ADM.
[
(4)
] 
(6)
 If a qualifying school district imposes a combined capital levy rate less than
the base tax effort rate, the State Board of Education shall allocate to the qualifying school
district an amount equal to the product of the following:
(a) the qualifying school district's ADM;
(b) an amount equal to the difference between the following:
(i) the foundation guarantee level per ADM; and
(ii) the qualifying school district's property tax yield per ADM; and
(c) a percentage equal to:
(i) the qualifying school district's combined capital levy rate; divided by
(ii) the base tax effort rate.
[
(5)
] 
(7)
 (a) The State Board of Education shall allocate:
(i) a minimum of $200,000 to each small school district with a property tax base per
ADM less than or equal to the statewide average property tax base per ADM;
(ii) a minimum of $100,000 to each small school district with a property tax base per
ADM that is:
(A) greater than the statewide average property tax base per ADM; and
(B) less than or equal to two times the statewide average property tax base per ADM;
and
(iii) a minimum of $50,000 to each small school district with a property tax base per
ADM that is:
(A) greater than two times the statewide average property tax base per ADM; and
(B) less than or equal to five times the statewide average property tax base per ADM.
(b) The State Board of Education shall incorporate the minimum allocations described
in Subsection [
(5)
] 
(7)
(a) in its calculation of the foundation guarantee level per ADM
determined in accordance with Subsection [
(1)
] 
(3)
.
Section 69. Section 
53F-3-203
, which is renumbered from Section 53A-21-302 is
renumbered and amended to read:
[
53A-21-302
].
 53F-3-203.
Capital Outlay Enrollment Growth Program
created -- Distribution formulas -- Allocations.
(1) As used in this section:
(a) "Average annual net enrollment increase" means the quotient of:
(i) (A) enrollment in the prior fiscal year, based on October 1 enrollment counts; minus
(B) enrollment in the year four years prior, based on October 1 enrollment counts;
divided by
(ii) three.
(b) "Eligible district" or "eligible school district" means a school district that:
(i) has an average annual net enrollment increase; and
(ii) has a property tax base per ADM in the year two years prior that is less than two
times the statewide average property tax base per ADM in the year two years prior.
(2) There is created the Capital Outlay Enrollment Growth Program to provide capital
outlay funding to school districts experiencing net enrollment increases.
[
(1)
] 
(3)
 For fiscal years beginning on or after July 1, 2008, the State Board of
Education shall annually allocate appropriated funds to eligible school districts in accordance
with Subsection [
(2)
] 
(4)
.
[
(2)
] 
(4)
 The State Board of Education shall allocate to an eligible school district an
amount equal to the product of:
(a) the quotient of:
(i) the eligible school district's average annual net enrollment increase; divided by
(ii) the sum of the average annual net enrollment increase in all eligible school
districts; and
(b) the total amount appropriated for the Capital Outlay Enrollment Growth Program in
that fiscal year.
Section 70. Section 
53F-3-204
 is enacted to read:
 53F-3-204.
School Building Revolving Account.
The School Building Revolving Account is created as described in Section 
53F-9-206
,
to provide short-term help to school districts to meet district needs for school building
construction and renovation.
Section 71. Section 
53F-4-101
 is enacted to read:
CHAPTER 4. STATE FUNDING -- CONTRACTED INITIATIVES
Part 1. General Provisions
 53F-4-101.
Title.
This chapter is known as "State Funding -- Contracted Initiatives."
Section 72. Section 
53F-4-102
 is enacted to read:
 53F-4-102.
Definitions.
Reserved
Section 73. Section 
53F-4-201
, which is renumbered from Section 53A-1-606.7 is
renumbered and amended to read:
Part 2. Contracts
[
53A-1-606.7
].
 53F-4-201.
State Board of Education required to contract for
a diagnostic assessment system for reading.
(1) (a) As described in Section 
53E-4-307
, the State Board of Education shall approve
a benchmark assessment for use statewide by school districts and charter schools.
[
(1)
] 
(b)
 The State Board of Education shall contract with one or more educational
technology providers, selected through a request for proposals process, for a diagnostic
assessment system for reading for students in kindergarten through grade three that meets the
requirements of this section.
(2) Subject to legislative appropriations, a diagnostic assessment system for reading
shall be made available to school districts and charter schools that apply to use a diagnostic
assessment for reading beginning in the 2011-12 school year.
(3) A diagnostic assessment system for reading for students in kindergarten through
grade three shall:
(a) be in a digital format;
(b) include benchmark assessments of reading proficiency to be administered at the
beginning, in the middle, and at the end of kindergarten, grade one, grade two, and grade three;
(c) include formative assessments to be administered every two to four weeks for
students who are at high risk of not attaining proficiency in reading;
(d) align with the language arts core standards for Utah public schools adopted by the
State Board of Education; and
(e) include a data analysis component hosted by the provider that:
(i) has the capacity to generate electronic information immediately and produce
individualized student progress reports, class summaries, and class groupings for instruction;
(ii) may have the capability of identifying lesson plans that may be used to develop
reading skills;
(iii) enables teachers, administrators, and designated supervisors to access reports
through a secured password system;
(iv) produces electronic printable reports for parents and administrators; and
(v) has the capability for principals to monitor usage by teachers.
Section 74. Section 
53F-4-202
, which is renumbered from Section 53A-1-613 is
renumbered and amended to read:
[
53A-1-613
].
 53F-4-202.
College readiness diagnostic tool.
(1) The board shall contract with a provider, selected through a request for proposals
process, to provide an online college readiness diagnostic tool that is aligned with the college
readiness assessment [
that is most commonly submitted to local universities
] 
described in
Section 
53E-4-305
.
(2) An online test preparation program described in Subsection (1):
(a) (i) shall allow a student to independently access online materials and learn at the
student's own pace; and
(ii) may be used to provide classroom and teacher-assisted instruction;
(b) shall provide online study materials, diagnostic exams, drills, and practice tests in
an approach that is engaging to high school students;
(c) shall enable electronic reporting of student progress to administrators, teachers,
parents, and other facilitators;
(d) shall record a student's progress in an online dashboard that provides diagnostic
assessment of the content areas tested and identifies mastery of corresponding skill sets; and
(e) shall provide training and professional development to personnel in school districts
and charter schools on how to utilize the online test preparation program and provide
teacher-assisted instruction to students.
(3) The board, school districts, and charter schools shall make the online test
preparation program available to a student:
(a) beginning in the 2013-14 school year; and
(b) for at least one full year.
Section 75. Section 
53F-4-203
 is enacted to read:
 53F-4-203.
Early intervention interactive reading software -- Independent
evaluator.
(1) In addition to an enhanced kindergarten program described in Section 
53F-2-507
,
the early intervention program includes a component to address early reading through the use
of early interactive reading software.
(2) (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 (2)(a) to the school districts and
charter schools of local education boards that apply for the licenses.
(c) Except as provided in Subsection (3)(c), a school district or charter school that
received a license described in Subsection (2)(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 (2)(c) shall be distributed through a competitive process.
(3) (a) As used in this Subsection (3), "dosage" means amount of instructional time.
(b) A public school that receives a license described in Subsection (2)(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.
(4) (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 (2);
(ii) for the evaluation under Subsection (4)(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 (3).
(c) The State Board of Education and the independent evaluator selected under
Subsection (4)(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 (2)(a) to contract with an independent evaluator selected under Subsection
(4)(a).
Section 76. Section 
53F-4-204
, which is renumbered from Section 53A-1-415 is
renumbered and amended to read:
[
53A-1-415
].
 53F-4-204.
Student intervention early warning pilot
program.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Digital program" means a program that provides information for student early
intervention as described in this section.
(c) "Local education agency" or "LEA" means:
(i) a district school;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(d) "Online data reporting tool" means a system described in Section [
53A-1-605
]
53E-4-311
.
(2) (a) The board shall, subject to legislative appropriations:
(i) enhance the online data reporting tool and provide additional formative actionable
data on student outcomes subject to Subsection (2)(c); and
(ii) select through a competitive contract process a provider to provide to an LEA a
digital program as described in this section.
(b) The contract described in Subsection (2)(a)(ii) shall be for a two-year pilot
program.
(c) Information collected or used by the board for purposes of enhancing the online
data reporting tool in accordance with this section may not identify a student individually.
(3) The enhancement to the online data reporting tool and the digital program shall:
(a) be designed with a user-appropriate interface for use by teachers, school
administrators, and parents;
(b) provide reports on a student's results at the student level on:
(i) a national assessment;
(ii) a local assessment; and
(iii) a standards assessment described in Section [
53A-1-604
] 
53E-4-303
;
(c) have the ability to provide data from aggregate student reports based on a student's:
(i) teacher;
(ii) school;
(iii) school district, if applicable; or
(iv) ethnicity;
(d) provide a viewer with the ability to view the data described in Subsection (2)(c) on
a single computer screen;
(e) have the ability to compare the performance of students, for each teacher, based on
a student's:
(i) gender;
(ii) special needs, including primary exceptionality;
(iii) English proficiency;
(iv) economic status;
(v) migrant status;
(vi) ethnicity;
(vii) response to tiered intervention;
(viii) response to tiered-intervention enrollment date;
(ix) absence rate;
(x) feeder school;
(xi) type of school, including primary or secondary, public or private, Title I, or other
general school-type category;
(xii) course failures; and
(xiii) other criteria, as determined by the board; and
(f) have the ability to load data from a local, national, or other assessment in the data's
original format within a reasonable time.
(4) Subject to legislative appropriations, the online data reporting tool and digital
program shall:
(a) integrate criteria for early warning indicators, including the following criteria:
(i) discipline;
(ii) attendance;
(iii) behavior;
(iv) course failures; and
(v) other criteria as determined by a local school board or charter school governing
board; and
(b) provide a teacher or administrator the ability to view the early warning indicators
described in Subsection (4)(a) with a student's assessment results described in Subsection
(3)(b).
(5) Subject to legislative appropriations, the online data reporting tool and the digital
program shall:
(a) provide data on response to intervention using existing assessments or measures
that are manually added, including assessment and nonacademic measures;
(b) provide a user the ability to share interventions within a reporting environment and
add comments to inform other teachers, administrators, and parents or guardians;
(c) save and share reports among different teachers and school administrators, subject
to the student population information a teacher or administrator has the rights to access;
(d) automatically flag a student profile when early warning thresholds are met so that a
teacher can easily identify a student who may be in need of intervention;
(e) incorporate a variety of algorithms to support student learning outcomes and
provide student growth reporting by teacher;
(f) integrate response to intervention tiers and activities as filters for the reporting of
individual student data and aggregated data, including by ethnicity, school, or teacher;
(g) have the ability to generate student parent or guardian communication to alert the
parent or guardian of academic plans or interventions; and
(h) configure alerts based upon student academic results, including a student's
performance on the previous year standards assessment described in Section [
53A-1-604
]
53E-4-303
.
(6) (a) The board shall, subject to legislative appropriations, select an LEA to receive
access to a digital program through a provider described in Subsection (2)(a)(ii).
(b) An LEA that receives access to a digital program shall pay for 50% of the cost of
the digital program.
(c) An LEA that receives access to a digital program shall no later than one school year
after accessing a digital program report to the board in a format required by the board on the
effectiveness of the digital program, positive and negative attributes of the digital program,
recommendations for improving the online data reporting tool, and any other information
regarding a digital program requested by the board.
(d) The board shall consider recommendations from an LEA for changes to the online
data reporting tool.
(7) Information described in this section shall be used in accordance with and provided
subject to:
[
(a) Chapter 1, Part 14, Student Data Protection Act;
]
[
(b) Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act; and
]
(a) Title 53E, Chapter 9, Student Privacy and Data Protection; and 
[
(c)
] 
(b)
 Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Section 77. Section 
53F-4-205
, which is renumbered from Section 53A-15-2003 is
renumbered and amended to read:
[
53A-15-2003
].
 53F-4-205.
Kindergarten supplemental enrichment program .
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Eligible school" means a charter or school district school in which:
(i) at least 10% of the students experience intergenerational poverty; or
(ii) 50% of students were eligible to receive free or reduced lunch in the previous
school year.
(c) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(d) "Kindergarten supplemental enrichment program" means a program to improve the
academic competency of kindergarten students that:
(i) meets the criteria described in Subsection (4);
(ii) receives funding from a grant program described in Subsection (3); and
(iii) is administered by an eligible school.
[
(1)
] 
(2)
 (a) In accordance with this section, the board shall distribute funds
appropriated under this section to support kindergarten supplemental enrichment programs,
giving priority first to awarding funds to an eligible school with at least 10% of the students
experiencing intergenerational poverty and second priority to an eligible school in which 50%
of students were eligible to receive free or reduced lunch in the previous school year.
(b) The board shall develop kindergarten entry and exit assessments for use by a
kindergarten supplemental enrichment program.
[
(2)
] 
(3)
 (a) The board shall administer a qualifying grant program as described in this
Subsection [
(2)
] 
(3)
 to distribute funds described in Subsection [
(1)
] 
(2)
(a) to an eligible
school:
(i) that applies for a grant;
(ii) that offers a kindergarten supplemental enrichment program that meets the
requirements described in Subsection [
(3)
] 
(4)
;
(iii) that has an overall need for a kindergarten supplemental enrichment program,
based on the results of the eligible school's kindergarten entry and exit assessments described
in Subsection [
(3)
] 
(4)
(b)(ii);
(iv) if the eligible school has previously established a kindergarten supplemental
enrichment program under this section, that shows success of the eligible school's kindergarten
supplemental enrichment program, based on the results of the eligible school's kindergarten
entry and exit assessments described in Subsection [
(3)
] 
(4)
(b)(ii); and
(v) that proposes a kindergarten supplemental enrichment program that addresses the
particular needs of students at risk of experiencing intergenerational poverty.
(b) An eligible school shall include in a grant application a letter from the principal of
the eligible school certifying that the eligible school's proposed kindergarten supplemental
enrichment program will meet the needs of either children in intergenerational poverty or
children who are eligible to receive free or reduced lunch as appropriate for the eligible school.
[
(3)
] 
(4)
 An eligible school that receives a grant as described in Subsection [
(2)
] 
(3)
shall:
(a) use the grant money to offer a kindergarten supplemental enrichment program to:
(i) target kindergarten students at risk for not meeting grade 3 core standards for Utah
public schools, established by the board under Section [
53A-1-402.6
] 
53E-4-202
, by the end of
each student's grade 3 year;
(ii) use an evidence-based early intervention model;
(iii) focus on academically improving age-appropriate literacy and numeracy skills;
(iv) emphasize the use of live instruction;
(v) administer the kindergarten entry and exit assessments described in Subsection
[
(1)(c)
] 
(2)(b)
; and
(vi) deliver the kindergarten supplemental enrichment program through additional
hours or other means; and
(b) report to the board annually regarding:
(i) how the eligible school used grant money received under Subsection [
(2)
] 
(3)
;
(ii) the results of the eligible school's kindergarten entry and exit assessments for the
prior year;
(iii) with assistance from board employees, the number of students served, including
the number of students who are eligible for free or reduced lunch; and
(iv) with assistance from board employees, student performance outcomes achieved by
the eligible school's kindergarten supplemental enrichment program, disaggregated by
economic and ethnic subgroups.
[
(4)
] 
(5)
 An eligible school that receives a grant as described in Subsection [
(2)
] 
(3)
may not receive funds appropriated under Section [
53A-17a-167
] 
53F-2-507
.
[
(5)
] 
(6)
 A parent or legal guardian may decline participation of the parent or legal
guardian's kindergarten student in an eligible school's kindergarten supplemental enrichment
program.
[
(6)
] 
(7)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the board shall make rules to establish reporting procedures and administer this section.
Section 78. Section 
53F-4-206
, which is renumbered from Section 53A-1a-110 is
renumbered and amended to read:
[
53A-1a-110
].
 53F-4-206.
Computer program for students with autism and
other special needs.
(1) As used in this section, "board" means the State Board of Education.
(2) To improve social skills and student achievement for students with autism and
other special needs in pre-school through grade 2, the board shall contract with a provider,
selected through a request for proposals process, to provide computer software programs and
activity manuals.
(3) In evaluating proposals submitted under Subsection (2), the board shall:
(a) ensure that the board's evaluation criteria weighs heavily the proposer's ability and
experience to provide computer software programs and activity manuals to improve social
skills and student achievement for students with autism and other special needs in pre-school
through grade 2;
(b) consider, in evaluating the proposer's ability and experience, any quantitative and
evaluative results from field testing, state tests, and other standardized achievement tests;
(c) ensure that the board's evaluation criteria weighs heavily the proposer's ability to:
(i) collect data from each computer using the computer software, regardless of where
the computer is located;
(ii) provide students access to the proposer's program from any computer with internet
access;
(iii) enable reporting of student progress to administrators, teachers, parents, and other
facilitators; and
(iv) record a student's progress in the computer software; and
(d) consider the extent to which the computer software program uses engaging
animation to teach students.
(4) The board shall provide the computer software programs and activity manuals
procured under this section to school districts and charter schools that demonstrate a
commitment by the school principal and staff to implement the computer software programs
and activity manuals as prescribed by the provider.
Section 79. Section 
53F-4-301
, which is renumbered from Section 53A-1a-703 is
renumbered and amended to read:
Part 3. Carson Smith Scholarship Program
[
53A-1a-703
].
 53F-4-301.
Definitions.
As used in this part:
(1) "Assessment team" means a team consisting of:
(a) the student's parent or guardian;
(b) the student's private school classroom teacher;
(c) special education personnel from the student's school district; and
(d) if available, special education personnel from the private school at which the
student is enrolled.
(2) "Board" means the State Board of Education.
(3) "Eligible private school" means a private school that meets the requirements of
Section [
53A-1a-705
] 
53F-4-303
.
(4) "Individualized Education Program" or "IEP" means a written statement for a
student with a disability that is developed, reviewed, and revised in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(5) "Local Education Agency" or "LEA" means:
(a) a school district; or
(b) a charter school.
(6) "Preschool" means an education program for a student who:
(a) is age three, four, or five; and
(b) has not entered kindergarten.
(7) "Scholarship student" means a student who receives a scholarship under this part.
(8) "Value of the weighted pupil unit" means the amount established each year in
statute that is multiplied by the number of weighted pupil units to yield the funding level for
the basic state-supported school program.
Section 80. Section 
53F-4-301.5
, which is renumbered from Section 53A-1a-702 is
renumbered and amended to read:
[
53A-1a-702
].
 53F-4-301.5.
Findings and purpose.
The Legislature finds that:
(1) the state system of public education as established and maintained under the state
constitution shall be open to all children of the state;
(2) students with disabilities have special needs that merit educational alternatives
which will allow students to learn in an appropriate setting and manner;
(3) those needs may include teachers trained in special teaching methods, small class
sizes, and special materials, equipment, and classroom environments;
(4) parents are best equipped to make decisions for their children, including the
educational setting that will best serve the interests and educational needs of their children;
(5) the establishment of this scholarship program is justified on the basis of funding the
special needs of students with disabilities as with other programs similarly funded by the state
for people with disabilities;
(6) children, parents, and families are the primary beneficiaries of the scholarship
program authorized in this part and any benefit to private schools, sectarian or otherwise, is
purely incidental;
(7) the scholarship program authorized in this part is:
(a) enacted for the valid secular purpose of tailoring a student's education to that
student's specific needs;
(b) neutral with respect to religion;
(c) provides limited assistance to citizens who are then able to direct their resources to
religious and secular schools solely as a result of their genuine and independent private
choices; and
(d) in accordance with the best interests of the taxpayers and citizens of the state to
encourage educational opportunities; and
(8) nothing in this part shall be construed as a basis for granting vouchers or tuition tax
credits for any other students, with or without disabilities.
Section 81. Section 
53F-4-302
, which is renumbered from Section 53A-1a-704 is
renumbered and amended to read:
[
53A-1a-704
].
 53F-4-302.
Scholarship program created -- Qualifications.
(1) The Carson Smith Scholarship Program is created to award scholarships to students
with disabilities to attend a private school.
(2) To qualify for a scholarship:
(a) the student's custodial parent or legal guardian shall reside within Utah;
(b) the student shall have one or more of the following disabilities:
(i) an intellectual disability;
(ii) deafness or being hard of hearing;
(iii) a speech or language impairment;
(iv) a visual impairment;
(v) a serious emotional disturbance;
(vi) an orthopedic impairment;
(vii) autism;
(viii) traumatic brain injury;
(ix) other health impairment;
(x) specific learning disabilities; or
(xi) a developmental delay, provided the student is at least three years of age, pursuant
to Subsection (2)(c), and is younger than eight years of age;
(c) the student shall be at least three years of age before September 2 of the year in
which admission to a private school is sought and under 19 years of age on the last day of the
school year as determined by the private school, or, if the individual has not graduated from
high school, will be under 22 years of age on the last day of the school year as determined by
the private school; and
(d) except as provided in Subsection (3), the student shall:
(i) be enrolled in a Utah public school in the school year prior to the school year the
student will be enrolled in a private school;
(ii) have an IEP; and
(iii) have obtained acceptance for admission to an eligible private school.
(3) The requirements of Subsection (2)(d) do not apply in the following circumstances:
(a) the student is enrolled or has obtained acceptance for admission to an eligible
private school that has previously served students with disabilities; and
(b) an assessment team is able to readily determine with reasonable certainty:
(i) that the student has a disability listed in Subsection (2)(b) and would qualify for
special education services, if enrolled in a public school; and
(ii) for the purpose of establishing the scholarship amount, the appropriate level of
special education services which should be provided to the student.
(4) (a) To receive a full-year scholarship under this part, a parent of a student shall
submit to the LEA where the student is enrolled an application on or before the August 15
immediately preceding the first day of the school year for which the student would receive the
scholarship.
(b) The board may waive the full-year scholarship deadline described in Subsection
(4)(a).
(c) An application for a scholarship shall contain an acknowledgment by the parent that
the selected school is qualified and capable of providing the level of special education services
required for the student.
(5) (a) The scholarship application form shall contain the following statement:
"I acknowledge that:
(1) A private school may not provide the same level of special education services that
are provided in a public school;
(2) I will assume full financial responsibility for the education of my scholarship
student if I accept this scholarship;
(3) Acceptance of this scholarship has the same effect as a parental refusal to consent
to services pursuant to Section 614(a)(1) of the Individuals with Disabilities Education Act, 20
U.S.C. Sec. 1400 et seq.; and
(4) My child may return to a public school at any time."
(b) Upon acceptance of the scholarship, the parent assumes full financial responsibility
for the education of the scholarship student.
(c) Acceptance of a scholarship has the same effect as a parental refusal to consent to
services pursuant to Section 614(a)(1) of the Individuals with Disabilities Education Act, 20
U.S.C. Sec. 1400 et seq.
(d) The creation of the scholarship program or granting of a scholarship does not:
(i) imply that a public school did not provide a free and appropriate public education
for a student; or
(ii) constitute a waiver or admission by the state.
(6) (a) A scholarship shall remain in force for three years.
(b) A scholarship shall be extended for an additional three years, if:
(i) the student is evaluated by an assessment team; and
(ii) the assessment team determines that the student would qualify for special education
services, if enrolled in a public school.
(c) The assessment team shall determine the appropriate level of special education
services which should be provided to the student for the purpose of setting the scholarship
amount.
(d) A scholarship shall be extended for successive three-year periods as provided in
Subsections (6)(a) and (b):
(i) until the student graduates from high school; or
(ii) if the student does not graduate from high school, until the student is age 22.
(7) A student's parent, at any time, may remove the student from a private school and
place the student in another eligible private school and retain the scholarship.
(8) A scholarship student may not participate in a dual enrollment program pursuant to
Section [
53A-11-102.5
] 
53G-6-702
.
(9) The parents or guardians of a scholarship student have the authority to choose the
private school that will best serve the interests and educational needs of that student, which
may be a sectarian or nonsectarian school, and to direct the scholarship resources available for
that student solely as a result of their genuine and independent private choices.
(10) (a) An LEA shall notify in writing the parents or guardians of students enrolled in
the LEA who have an IEP of the availability of a scholarship to attend a private school through
the Carson Smith Scholarship Program.
(b) The notice described under Subsection (10)(a) shall:
(i) be provided no later than 30 days after the student initially qualifies for an IEP;
(ii) be provided annually no later than February 1 to all students who have an IEP; and
(iii) include the address of the Internet website maintained by the board that provides
prospective applicants with detailed program information and application forms for the Carson
Smith Scholarship Program.
(c) An LEA or school within an LEA that has an enrolled student who has an IEP shall
post the address of the Internet website maintained by the board that provides prospective
applicants with detailed program information and application forms for the Carson Smith
Scholarship Program on the LEA's or school's website, if the LEA or school has one.
Section 82. Section 
53F-4-303
, which is renumbered from Section 53A-1a-705 is
renumbered and amended to read:
[
53A-1a-705
].
 53F-4-303.
Eligible private schools.
(1) To be eligible to enroll a scholarship student, a private school shall:
(a) have a physical location in Utah where the scholarship students attend classes and
have direct contact with the school's teachers;
(b) (i) (A) obtain an audit and report from a licensed independent certified public
accountant that conforms with the following requirements:
(I) the audit shall be performed in accordance with generally accepted auditing
standards;
(II) the financial statements shall be presented in accordance with generally accepted
accounting principles; and
(III) the audited financial statements shall be as of a period within the last 12 months;
or
(B) contract with a licensed independent certified public accountant to perform an
agreed upon procedure as follows:
(I) the agreed upon procedure shall be to determine that the private school has adequate
working capital to maintain operations for the first full year; and
(II) working capital shall be calculated by subtracting current liabilities from current
assets; and
(ii) submit the audit report or report of the agreed upon procedure to the board when
the private school applies to accept scholarship students;
(c) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
(d) meet state and local health and safety laws and codes;
(e) disclose to the parent of each prospective student, before the student is enrolled, the
special education services that will be provided to the student, including the cost of those
services;
(f) (i) administer an annual assessment of each scholarship student's academic
progress;
(ii) report the results of the assessment to the student's parent; and
(iii) make the results available to the assessment team evaluating the student pursuant
to Subsection [
53A-1a-704
] 
53F-4-302
(6);
(g) employ or contract with teachers who:
(i) hold baccalaureate or higher degrees;
(ii) have at least three years of teaching experience in public or private schools; or
(iii) have the necessary special skills, knowledge, or expertise that qualifies them to
provide instruction:
(A) in the subjects taught; and
(B) to the special needs students taught;
(h) require the following individuals to submit to a nationwide, fingerprint-based 
criminal background check and ongoing monitoring, in accordance with Section
[
53A-15-1503
] 
53G-11-402
, as a condition for employment or appointment , as authorized by
the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248 :
(i) an employee who does not hold a current Utah educator license issued by the board
under [
Title 53A, Chapter 6, Educator Licensing and Professional Practices Act
] 
Title 53E,
Chapter 6, Education Professional Licensure
;
(ii) a contract employee; and
(iii) a volunteer who is given significant unsupervised access to a student in connection
with the volunteer's assignment; and
(i) provide to parents the relevant credentials of the teachers who will be teaching their
students.
(2) A private school is not eligible to enroll scholarship students if:
(a) the audit report submitted under Subsection (1)(b) contains a going concern
explanatory paragraph; or
(b) the report of the agreed upon procedure submitted under Subsection (1)(b) shows
that the private school does not have adequate working capital to maintain operations for the
first full year, as determined under Subsection (1)(b).
(3) A home school is not eligible to enroll scholarship students.
(4) Residential treatment facilities licensed by the state are not eligible to enroll
scholarship students.
(5) A private school intending to enroll scholarship students shall submit an application
to the board by May 1 of the school year preceding the school year in which it intends to enroll
scholarship students.
(6) The board shall:
(a) approve a private school's application to enroll scholarship students, if the private
school meets the eligibility requirements of this section; and
(b) make available to the public a list of the eligible private schools.
(7) An approved eligible private school that changes ownership shall submit a new
application to the board and demonstrate that it continues to meet the eligibility requirements
of this section.
Section 83. Section 
53F-4-304
, which is renumbered from Section 53A-1a-706 is
renumbered and amended to read:
[
53A-1a-706
].
 53F-4-304.
Scholarship payments.
(1) (a) Scholarships shall be awarded by the board subject to the availability of money
appropriated by the Legislature for that purpose.
(b) The Legislature shall annually appropriate money to the board from the General
Fund to make scholarship payments.
(c) Beginning with the 2013-14 school year, the Legislature shall annually increase the
amount of money appropriated under Subsection (1)(b) by an amount equal to the product of:
(i) the average scholarship amount awarded as of December 1 in the previous year; and
(ii) the product of:
(A) the number of students in preschool through grade 12 in public schools statewide
who have an IEP on December 1 of the previous year; and
(B) 0.0007.
(d) If the number of scholarship students as of December 1 in any school year equals or
exceeds 7% of the number of students in preschool through grade 12 in public schools
statewide who have an IEP as of December 1 in the same school year, the Public Education
Appropriations Subcommittee shall study the requirement to increase appropriations for
scholarship payments as provided in this section.
(e) (i) If money is not available to pay for all scholarships requested, the scholarships
shall be allocated on a random basis except that preference shall be given to students who
received scholarships in the previous school year.
(ii) If money is insufficient in a school year to pay for all the continuing scholarships,
new scholarships may not be awarded during that school year and the money available for
scholarships shall be prorated among the eligible students who received scholarships in the
previous year.
(2) Full-year scholarships shall be awarded in the following amounts:
(a) for a student who received an average of 180 minutes per day or more of special
education services in a public school before transferring to a private school, an amount not to
exceed the lesser of:
(i) the value of the weighted pupil unit multiplied by 2.5; or
(ii) the private school tuition and fees; and
(b) for a student who received an average of less than 180 minutes per day of special
education services in a public school before transferring to a private school, an amount not to
exceed the lesser of:
(i) the value of the weighted pupil unit multiplied by 1.5; or
(ii) the private school tuition and fees.
(3) The scholarship amount for a student enrolled in a half-day kindergarten or part-day
preschool program shall be the amount specified in Subsection (2)(a) or (b) multiplied by .55.
(4) (a) The scholarship amount for a student who receives a waiver under Subsection
[
53A-1a-704
] 
53F-4-302
(3) shall be based upon the assessment team's determination of the
appropriate level of special education services to be provided to the student.
(b) (i) If the student requires an average of 180 minutes per day or more of special
education services, a full-year scholarship shall be equal to the amount specified in Subsection
(2)(a).
(ii) If the student requires less than an average of 180 minutes per day of special
education services, a full-year scholarship shall be equal to the amount specified in Subsection
(2)(b).
(iii) If the student is enrolled in a half-day kindergarten or part-day preschool program,
a full-year scholarship is equal to the amount specified in Subsection (3).
(5) (a) Except as provided in Subsection (5)(b), upon review and receipt of
documentation that verifies a student's admission to, or continuing enrollment and attendance
at, a private school, the board shall make scholarship payments quarterly in four equal amounts
in each school year in which a scholarship is in force.
(b) In accordance with board rule, the board may make a scholarship payment before
the first quarterly payment of the school year, if a private school requires partial payment of
tuition before the start of the school year to reserve space for a student admitted to the school.
(6) A parent of a scholarship student shall notify the board if the student does not have
continuing enrollment and attendance at an eligible private school.
(7) Before scholarship payments are made, the board shall cross-check enrollment lists
of scholarship students, LEAs, and youth in custody to ensure that scholarship payments are
not erroneously made.
(8) (a) Scholarship payments shall be made by the board by individual warrant made
payable to the student's parent and mailed by the board to the private school. The parent shall
restrictively endorse the warrant to the private school for deposit into the account of the private
school.
(b) A person, on behalf of a private school, may not accept a power of attorney from a
parent to sign a warrant referred to in Subsection (8)(a), and a parent of a scholarship student
may not give a power of attorney designating a person, on behalf of a private school, as the
parent's attorney-in-fact.
Section 84. Section 
53F-4-305
, which is renumbered from Section 53A-1a-707 is
renumbered and amended to read:
[
53A-1a-707
].
 53F-4-305.
Board to make rules.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules consistent with this part establishing:
(1) the eligibility of students to participate in the scholarship program; and
(2) the application process for the scholarship program.
Section 85. Section 
53F-4-306
, which is renumbered from Section 53A-1a-708 is
renumbered and amended to read:
[
53A-1a-708
].
 53F-4-306.
Enforcement and penalties.
(1) (a) The board shall require a private school to submit a signed affidavit assuring the
private school will comply with the requirements of this part.
(b) If a school fails to submit a signed affidavit within 30 days of receiving notification
that the school is an approved private school to receive the Carson Smith Scholarship, the
board may:
(i) deny the private school permission to enroll scholarship students; and
(ii) interrupt disbursement of or withhold scholarship payments.
(2) The board may investigate complaints and convene administrative hearings for an
alleged violation of this part.
(3) Upon a finding that this part was violated, the board may:
(a) deny a private school permission to enroll scholarship students;
(b) interrupt disbursement of or withhold scholarship payments; or
(c) issue an order for repayment of scholarship payments fraudulently obtained.
Section 86. Section 
53F-4-307
, which is renumbered from Section 53A-1a-709 is
renumbered and amended to read:
[
53A-1a-709
].
 53F-4-307.
Limitation on regulation of private schools.
Nothing in this part grants additional authority to any state agency or LEA to regulate
private schools except as expressly set forth in this part.
Section 87. Section 
53F-4-308
, which is renumbered from Section 53A-1a-710 is
renumbered and amended to read:
[
53A-1a-710
].
 53F-4-308.
Review by Legislative Auditor General.
The Legislative Auditor General shall conduct a review and issue a report on the
Carson Smith Scholarship Program after the conclusion of the 2006-07 school year.
Section 88. Section 
53F-4-401
, which is renumbered from Section 53A-1a-1001 is
renumbered and amended to read:
Part 4. UPSTART
[
53A-1a-1001
].
 53F-4-401.
Definitions.
As used in this part:
(1) "Contractor" means the educational technology provider selected by the State Board
of Education under Section [
53A-1a-1002
] 
53F-4-402
.
(2) "Low income" means an income below 185% of the federal poverty guideline.
(3) "Preschool children" means children who are:
(a) age four or five; and
(b) have not entered kindergarten.
(4) "UPSTART" means the project established by Section [
53A-1a-1002
] 
53F-4-402
that uses a home-based educational technology program to develop school readiness skills of
preschool children.
Section 89. Section 
53F-4-402
, which is renumbered from Section 53A-1a-1002 is
renumbered and amended to read:
[
53A-1a-1002
].
 53F-4-402.
UPSTART program to develop school readiness
skills of preschool children.
(1) UPSTART, a project that uses a home-based educational technology program to
develop school readiness skills of preschool children, is established within the public education
system.
(2) UPSTART is created to:
(a) evaluate the effectiveness of giving preschool children access, at home, to
interactive individualized instruction delivered by computers and the Internet to prepare them
academically for success in school; and
(b) test the feasibility of scaling a home-based curriculum in reading, math, and science
delivered by computers and the Internet to all preschool children in Utah.
(3) (a) The State Board of Education shall contract with an educational technology
provider, selected through a request for proposals process, for the delivery of a home-based
educational technology program for preschool children that meets the requirements of
Subsection (4).
(b) (i) The State Board of Education shall, on or before July 1, 2019, issue a request for
proposals for two-year pilot proposals from one or more educational technology providers that
do not have an existing contract under this part with the state for the delivery of a home-based
educational technology program for preschool children that meets the requirements of
Subsection (4).
(ii) After the two-year pilots described in Subsection (3)(b)(i), the State Board of
Education may enter into a contract with one or more educational technology providers that
have participated in a Utah pilot.
(c) Every five years after July 1, 2021, the State Board of Education may issue a new
request for proposals described in this section.
(4) A home-based educational technology program for preschool children shall meet
the following standards:
(a) the contractor shall provide computer-assisted instruction for preschool children on
a home computer connected by the Internet to a centralized file storage facility;
(b) the contractor shall:
(i) provide technical support to families for the installation and operation of the
instructional software; and
(ii) provide for the installation of computer and Internet access in homes of low income
families that cannot afford the equipment and service;
(c) the contractor shall have the capability of doing the following through the Internet:
(i) communicating with parents;
(ii) updating the instructional software;
(iii) validating user access;
(iv) collecting usage data;
(v) storing research data; and
(vi) producing reports for parents, schools, and the Legislature;
(d) the program shall include the following components:
(i) computer-assisted, individualized instruction in reading, mathematics, and science;
(ii) a multisensory reading tutoring program; and
(iii) a validated computer adaptive reading test that does not require the presence of
trained adults to administer and is an accurate indicator of reading readiness of children who
cannot read;
(e) the contractor shall have the capability to quickly and efficiently modify, improve,
and support the product;
(f) the contractor shall work in cooperation with school district personnel who will
provide administrative and technical support of the program as provided in Section
[
53A-1a-1003
] 
53F-4-403
;
(g) the contractor shall solicit families to participate in the program as provided in
Section [
53A-1a-1004
] 
53F-4-404
; and
(h) in implementing the home-based educational technology program, the contractor
shall seek the advise and expertise of early childhood education professionals within the Utah
System of Higher Education on issues such as:
(i) soliciting families to participate in the program;
(ii) providing training to families; and
(iii) motivating families to regularly use the instructional software.
(5) (a) The contract shall provide funding for a home-based educational technology
program for preschool children, subject to the appropriation of money by the Legislature for
UPSTART.
(b) An appropriation for a request for proposals described in Subsection (3)(b)(i) shall
be separate from an appropriation described in Subsection (5)(a).
(6) The State Board of Education shall evaluate a proposal based on:
(a) whether the home-based educational technology program meets the standards
specified in Subsection (4);
(b) the results of an independent evaluation of the home-based educational technology
program;
(c) the experience of the home-based educational technology program provider; and
(d) the per pupil cost of the home-based educational technology program.
Section 90. Section 
53F-4-403
, which is renumbered from Section 53A-1a-1003 is
renumbered and amended to read:
[
53A-1a-1003
].
 53F-4-403.
School district participation in UPSTART.
(1) A school district may participate in UPSTART if the local school board agrees to
work in cooperation with the contractor to provide administrative and technical support for
UPSTART.
(2) Family participants in UPSTART shall be solicited from school districts that
participate in UPSTART.
(3) A school district that participates in UPSTART shall:
(a) receive funding for:
(i) paraprofessional and technical support staff; and
(ii) travel, materials, and meeting costs of the program;
(b) participate in program training by the contractor; and
(c) agree to adopt standardized policies and procedures in implementing UPSTART.
Section 91. Section 
53F-4-404
, which is renumbered from Section 53A-1a-1004 is
renumbered and amended to read:
[
53A-1a-1004
].
 53F-4-404.
Family participation in UPSTART -- Low income
family verification.
(1) The contractor shall:
(a) solicit families to participate in UPSTART through a public information campaign
and referrals from participating school districts; and
(b) work with the Department of Workforce Services and the State Board of Education
to solicit participation from families of children experiencing intergenerational poverty, as
defined in Section 
35A-9-102
, to participate in UPSTART.
(2) (a) Preschool children who participate in UPSTART shall:
(i) be from families with diverse socioeconomic and ethnic backgrounds;
(ii) reside in different regions of the state in both urban and rural areas; and
(iii) be given preference to participate if the preschool child's family resides in a rural
area with limited prekindergarten services.
(b) (i) If the number of families who would like to participate in UPSTART exceeds
the number of participants funded by the legislative appropriation, the contractor shall give
priority to preschool children from low income families and preschool children who are
English language learners.
(ii) At least 30% of the preschool children who participate in UPSTART shall be from
low income families.
(3) A low income family that cannot afford a computer and Internet service to operate
the instructional software may obtain a computer and peripheral equipment on loan and receive
free Internet service for the duration of the family's participation in UPSTART.
(4) (a) The contractor shall make the home-based educational technology program
available to families at a cost agreed upon by the State Board of Education and the contractor if
the number of families who would like to participate in UPSTART exceeds the number of
participants funded by the legislative appropriation.
(b) The State Board of Education and the contractor shall annually post on their
websites information on purchasing a home-based educational technology program as provided
in Subsection (4)(a).
(5) (a) The contractor shall:
(i) determine if a family is a low income family for purposes of this part; and
(ii) use the same application form as described in Section 
35A-9-401
 or create an
application form that requires an individual to provide and certify the information necessary for
the contractor to make the determination described in Subsection (5)(a)(i).
(b) The contractor may:
(i) require an individual to submit supporting documentation; and
(ii) create a deadline for an individual to submit an application, if necessary.
Section 92. Section 
53F-4-405
, which is renumbered from Section 53A-1a-1005 is
renumbered and amended to read:
[
53A-1a-1005
].
 53F-4-405.
 Purchase of equipment and service through
cooperative purchasing contracts.
The State Board of Education or a school district may purchase computers, peripheral
equipment, and Internet service for low income families who cannot afford them through
cooperative purchasing contracts administered by the state Division of Purchasing and General
Services.
Section 93. Section 
53F-4-406
, which is renumbered from Section 53A-1a-1006 is
renumbered and amended to read:
[
53A-1a-1006
].
 53F-4-406.
Audit and evaluation.
(1) The state auditor shall:
(a) conduct an annual audit of the contractor's use of funds for UPSTART; or
(b) contract with an independent certified public accountant to conduct an annual audit.
(2) The State Board of Education shall:
(a) require by contract that the contractor will open its books and records relating to its
expenditure of funds pursuant to the contract to the state auditor or the state auditor's designee;
(b) reimburse the state auditor for the actual and necessary costs of the audit; and
(c) contract with an independent, qualified evaluator, selected through a request for
proposals process, to evaluate the home-based educational technology program for preschool
children.
(3) Of the money appropriated by the Legislature for UPSTART, excluding funds used
to provide computers, peripheral equipment, and Internet service to families, no more than
7.5% may be used for the evaluation of the program.
Section 94. Section 
53F-4-407
, which is renumbered from Section 53A-1a-1007 is
renumbered and amended to read:
[
53A-1a-1007
].
 53F-4-407.
 Annual report.
(1) The State Board of Education shall make a report on UPSTART to the Education
Interim Committee by November 30 each year.
(2) The report shall:
(a) address the extent to which UPSTART is accomplishing the purposes for which it
was established as specified in Section [
53A-1a-1002
] 
53F-4-402
; and
(b) include the following information:
(i) the number of families:
(A) volunteering to participate in the program;
(B) selected to participate in the program;
(C) requesting computers; and
(D) furnished computers;
(ii) the frequency of use of the instructional software;
(iii) obstacles encountered with software usage, hardware, or providing technical
assistance to families;
(iv) student performance on pre-kindergarten and post-kindergarten assessments
conducted by school districts and charter schools for students who participated in the
home-based educational technology program and those who did not participate in the program;
and
(v) as available, the evaluation of the program conducted pursuant to Section
[
53A-1a-1006
] 
53F-4-406
.
Section 95. Section 
53F-4-501
, which is renumbered from Section 53A-15-1202 is
renumbered and amended to read:
Part 5. Statewide Online Education Program
[
53A-15-1202
].
 53F-4-501.
Definitions.
As used in this part:
(1) "District school" means a public school under the control of a local school board
elected pursuant to Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards.
(2) "Eligible student" means:
(a) a student enrolled in a district school or charter school in Utah; or
(b) beginning on July 1, 2013, a student:
(i) who attends a private school or home school; and
(ii) whose custodial parent or legal guardian is a resident of Utah.
(3) "LEA" means a local education agency in Utah that has administrative control and
direction for public education.
(4) "Online course" means a course of instruction offered by the Statewide Online
Education Program through the use of digital technology.
(5) "Plan for college and career readiness" means the same as that term is defined in
Section 
53E-2-304
.
[
(5)
] 
(6)
 "Primary LEA of enrollment" means the LEA in which an eligible student is
enrolled for courses other than online courses offered through the Statewide Online Education
Program.
[
(6)
] 
(7)
 "Released-time" means a period of time during the regular school day a
student is excused from school at the request of the student's parent or guardian pursuant to
rules of the State Board of Education.
Section 96. Section 
53F-4-502
, which is renumbered from Section 53A-15-1203 is
renumbered and amended to read:
[
53A-15-1203
].
 53F-4-502.
Statewide Online Education Program created --
Designated as program of the public education system -- Purposes.
(1) The Statewide Online Education Program is created to enable an eligible student to
earn high school graduation credit through the completion of publicly funded online courses.
(2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online
Education Program is designated as a program of the public education system.
(3) The purposes of an online school are to:
(a) provide a student with access to online learning options regardless of where the
student attends school, whether a public, private, or home school;
(b) provide high quality learning options for a student regardless of language,
residence, family income, or special needs;
(c) provide online learning options to allow a student to acquire the knowledge and
technology skills necessary in a digital world;
(d) utilize the power and scalability of technology to customize education so that a
student may learn in the student's own style preference and at the student's own pace;
(e) utilize technology to remove the constraints of traditional classroom learning,
allowing a student to access learning virtually at any time and in any place and giving the
student the flexibility to take advantage of the student's peak learning time;
(f) provide personalized learning, where a student can spend as little or as much time
as the student needs to master the material;
(g) provide greater access to self-paced programs enabling a high achieving student to
accelerate academically, while a struggling student may have additional time and help to gain
competency;
(h) allow a student to customize the student's schedule to better meet the student's
academic goals;
(i) provide quality learning options to better prepare a student for post-secondary
education and vocational or career opportunities; and
(j) allow a student to have an individualized educational experience.
(4) The program created under this part shall be known as the "Statewide Online
Education Program."
(5) The program name, "Statewide Online Education Program," shall be used in the
dissemination of information on the program.
Section 97. Section 
53F-4-503
, which is renumbered from Section 53A-15-1204 is
renumbered and amended to read:
[
53A-15-1204
].
 53F-4-503.
Option to enroll in online courses offered
through the Statewide Online Education Program.
(1) Subject to the course limitations provided in Subsection (2), an eligible student may
enroll in an online course offered through the Statewide Online Education Program if:
(a) the student meets the course prerequisites;
(b) the course is open for enrollment;
(c) the online course is aligned with the student's plan for college and career readiness;
(d) the online course is consistent with the student's individual education plan (IEP), if
the student has an IEP; and
(e) the online course is consistent with the student's international baccalaureate
program, if the student is participating in an international baccalaureate program.
(2) An eligible student may enroll in online courses for no more than the following
number of credits:
(a) in the 2011-12 and 2012-13 school years, two credits;
(b) in the 2013-14 school year, three credits;
(c) in the 2014-15 school year, four credits;
(d) in the 2015-16 school year, five credits; and
(e) beginning with the 2016-17 school year, six credits.
(3) Notwithstanding Subsection (2):
(a) a student's primary LEA of enrollment may allow an eligible student to enroll in
online courses for more than the number of credits specified in Subsection (2); or
(b) upon the request of an eligible student, the State Board of Education may allow the
student to enroll in online courses for more than the number of credits specified in Subsection
(2), if the online courses better meet the academic goals of the student.
(4) An eligible student's primary LEA of enrollment:
(a) in conjunction with the student and the student's parent or legal guardian, is
responsible for preparing and implementing a plan for college and career readiness for the
eligible student, as provided in Section [
53A-1a-106
] 
53F-2-304
; and
(b) shall assist an eligible student in scheduling courses in accordance with the
student's plan for college and career readiness, graduation requirements, and the student's
post-secondary plans.
(5) An eligible student's primary LEA of enrollment may not:
(a) impose restrictions on a student's selection of an online course that fulfills
graduation requirements and is consistent with the student's plan for college and career
readiness or post-secondary plans; or
(b) give preference to an online course or online course provider.
(6) The State Board of Education, including an employee of the State Board of
Education, may not give preference to an online course or online course provider.
(7) (a) Except as provided in Subsection (7)(b), a person may not provide an
inducement or incentive to a public school student to participate in the Statewide Online
Education Program.
(b) For purposes of Subsection (7)(a):
(i) "Inducement or incentive" does not mean:
(A) instructional materials or software necessary to take an online course; or
(B) access to a computer or digital learning device for the purpose of taking an online
course.
(ii) "Person" does not include a relative of the public school student.
Section 98. Section 
53F-4-504
, which is renumbered from Section 53A-15-1205 is
renumbered and amended to read:
[
53A-15-1205
].
 53F-4-504.
 Authorized online course providers.
The following entities may offer online courses to eligible students through the
Statewide Online Education Program:
(1) a charter school or district school created exclusively for the purpose of serving
students online;
(2) an LEA program, approved by the LEA's governing board, that is created
exclusively for the purpose of serving students online; and
(3) a program of an institution of higher education listed in Section 
53B-2-101
 that:
(a) offers secondary school level courses; and
(b) is created exclusively for the purpose of serving students online.
Section 99. Section 
53F-4-505
, which is renumbered from Section 53A-15-1206 is
renumbered and amended to read:
[
53A-15-1206
].
 53F-4-505.
Payment for an online course.
(1) For the 2012-13 school year, the fee for a .5 credit online course or .5 credit of a 1
credit online course is:
(a) $200 for the following courses, except a concurrent enrollment course:
(i) financial literacy;
(ii) health;
(iii) fitness for life; and
(iv) computer literacy;
(b) $200 for driver education;
(c) $250 for a course that meets core standards for Utah public schools in fine arts or
career and technical education, except a concurrent enrollment course;
(d) $300 for the following courses:
(i) a course that meets core standards for Utah public schools requirements in social
studies, except a concurrent enrollment course; and
(ii) a world language course, except a concurrent enrollment course;
(e) $350 for the following courses:
(i) a course that meets core standards for Utah public schools requirements for
language arts, mathematics, or science; and
(ii) a concurrent enrollment course; and
(f) $250 for a course not described in Subsections (1)(a) through (e).
(2) If a course meets the requirements of more than one course fee category described
in Subsection (1), the course fee shall be the lowest of the applicable course fee categories.
(3) Beginning with the 2013-14 school year, the online course fees described in
Subsection (1) shall be adjusted each school year in accordance with the percentage change in
value of the weighted pupil unit from the previous school year.
(4) An online learning provider shall receive payment for an online course as follows:
(a) for a .5 credit online course, 50% of the online course fee after the withdrawal
period described in Section [
53A-15-1206.5
] 
53F-4-506
;
(b) for a 1 credit online course, 25% of the online course fee after the withdrawal
period described in Section [
53A-15-1206.5
] 
53F-4-506
 and 25% of the online course fee upon
the beginning of the second .5 credit of the online course; and
(c) if a student completes a 1 credit online course within 12 months or a .5 credit
course within nine weeks following the end of a traditional semester, 50% of the online course
fee.
(5) (a) If a student fails to complete a 1 credit course within 12 months or a .5 credit
course within nine weeks following the end of a traditional semester, the student may continue
to be enrolled in the course until the student graduates from high school.
(b) To encourage an online course provider to provide remediation to a student who
remains enrolled in an online course pursuant to Subsection (5)(a) and avoid the need for credit
recovery, an online course provider shall receive a payment equal to 30% of the online course
fee if the student completes the online course before the student graduates from high school.
(6) Notwithstanding the online course fees prescribed in Subsections (1) through (3), a
school district or charter school may:
(a) negotiate a fee with an online course provider for an amount up to the amount
prescribed in Subsections (1) through (3); and
(b) pay the negotiated fee instead of the fee prescribed in Subsections (1) through (3).
(7) An online course provider who contracts with a vendor for the acquisition of online
course content or online course instruction may negotiate the payment for the vendor's service
independent of the fees specified in Subsections (1) through (3).
Section 100. Section 
53F-4-506
, which is renumbered from Section 53A-15-1206.5 is
renumbered and amended to read:
[
53A-15-1206.5
].
 53F-4-506.
Withdrawal from an online course.
(1) An online course provider shall establish a start date for an online course, including
a start date for the second .5 credit of a 1 credit online course.
(2) Except as provided in Subsection (3), a student may withdraw from an online
course:
(a) within 20 school calendar days of the start date, if the student enrolls in an online
course on or before the start date established pursuant to Subsection (1); or
(b) within 20 school calendar days of enrolling in the online course, if the student
enrolls in an online course after the start date established pursuant to Subsection (1).
(3) (a) A student may withdraw from a 1 credit online course within 20 school calendar
days of the start date of the second .5 credit of the online course.
(b) An online course provider shall refund a payment received for the second .5 credit
of an online course if a student withdraws from the online course pursuant to Subsection (3)(a).
(c) If a student withdraws from a 1 credit online course as provided in Subsection
(3)(a), the online course provider shall receive payment for the student's completion of .5 credit
of the 1 credit course in the same manner as an online course provider receives payment for a
student's completion of a .5 credit online course as described in Subsection [
53A-15-1206
]
53F-4-505
(4).
Section 101. Section 
53F-4-507
, which is renumbered from Section 53A-15-1207 is
renumbered and amended to read:
[
53A-15-1207
].
 53F-4-507.
State Board of Education to deduct funds and
make payments -- Plan for the payment of online courses taken by private and home
school students.
(1) For a fiscal year that begins on or after July 1, 2018, and subject to future budget
constraints, the Legislature shall adjust the appropriation for the Statewide Online Education
Program based on:
(a) the anticipated increase of eligible home school and private school students
enrolled in the Statewide Online Education Program; and
(b) the value of the weighted pupil unit.
(2) (a) The State Board of Education shall deduct money from funds allocated to the
student's primary LEA of enrollment under Chapter [
17a, Minimum School Program Act
] 
2,
State Funding -- Minimum School Program 
, to pay for online course fees.
(b) Money shall be deducted under Subsection (2) in the amount and at the time an
online course provider qualifies to receive payment for an online course as provided in
Subsection [
53A-15-1206
] 
53F-4-505
(4).
(3) From money deducted under Subsection (2), the State Board of Education shall
make payments to the student's online course provider as provided in Section [
53A-15-1206
]
53F-4-505
.
(4) The Legislature shall establish a plan, which shall take effect beginning on July 1,
2013, for the payment of online courses taken by a private school or home school student.
Section 102. Section 
53F-4-508
, which is renumbered from Section 53A-15-1208 is
renumbered and amended to read:
[
53A-15-1208
].
 53F-4-508.
Course credit acknowledgment.
(1) A student's primary LEA of enrollment and the student's online course provider
shall enter into a course credit acknowledgment in which the primary LEA of enrollment and
the online course provider acknowledge that the online course provider is responsible for the
instruction of the student in a specified online course.
(2) The terms of the course credit acknowledgment shall provide that:
(a) the online course provider shall receive a payment in the amount provided under
Section [
53A-15-1206
] 
53F-4-505
; and
(b) the student's primary LEA of enrollment acknowledges that the State Board of
Education will deduct funds allocated to the LEA under Chapter [
17a, Minimum School
Program Act
] 
2, State Funding -- Minimum School Program 
, in the amount and at the time the
online course provider qualifies to receive payment for the online course as provided in
Subsection [
53A-15-1206
] 
53F-4-505
(4).
(3) (a) A course credit acknowledgment may originate with either an online course
provider or primary LEA of enrollment.
(b) The originating entity shall submit the course credit acknowledgment to the State
Board of Education who shall forward it to the primary LEA of enrollment for course selection
verification or the online course provider for acceptance.
(c) (i) A primary LEA of enrollment may only reject a course credit acknowledgment
if:
(A) the online course is not aligned with the student's plan for college and career
readiness;
(B) the online course is not consistent with the student's IEP, if the student has an IEP;
(C) the online course is not consistent with the student's international baccalaureate
program, if the student participates in an international baccalaureate program; or
(D) the number of online course credits exceeds the maximum allowed for the year as
provided in Section [
53A-15-1204
] 
53F-4-503
.
(ii) Verification of alignment of an online course with a student's plan for college and
career readiness does not require a meeting with the student.
(d) An online course provider may only reject a course credit acknowledgment if:
(i) the student does not meet course prerequisites; or
(ii) the course is not open for enrollment.
(e) A primary LEA of enrollment or online course provider shall submit an acceptance
or rejection of a course credit acknowledgment to the State Board of Education within 72
business hours of the receipt of a course credit acknowledgment from the State Board of
Education pursuant to Subsection (3)(b).
(f) If an online course provider accepts a course credit acknowledgment, the online
course provider shall forward to the primary LEA of enrollment the online course start date as
established under Section [
53A-15-1206.5
] 
53F-4-506
.
(g) If an online course provider rejects a course credit acknowledgment, the online
course provider shall include an explanation which the State Board of Education shall forward
to the primary LEA of enrollment for the purpose of assisting a student with future online
course selection.
(h) If a primary LEA of enrollment does not submit an acceptance or rejection of a
course credit acknowledgment to the State Board of Education within 72 business hours of the
receipt of a course credit acknowledgment from the State Board of Education pursuant to
Subsection (3)(b), the State Board of Education shall consider the course credit
acknowledgment accepted.
(i) (i) Upon acceptance of a course credit acknowledgment, the primary LEA of
enrollment shall notify the student of the acceptance and the start date for the online course as
established under Section [
53A-15-1206.5
] 
53F-4-506
.
(ii) Upon rejection of a course credit acknowledgment, the primary LEA of enrollment
shall notify the student of the rejection and provide an explanation of the rejection.
(j) If the online course student has an individual education plan (IEP) or 504
accommodations, the primary LEA of enrollment shall forward the IEP or description of 504
accommodations to the online course provider within 72 business hours after the primary LEA
of enrollment receives notice that the online course provider accepted the course credit
acknowledgment.
(4) (a) A primary LEA of enrollment may not reject a course credit acknowledgment,
because the LEA is negotiating, or intends to negotiate, an online course fee with the online
course provider pursuant to Subsection [
53A-15-1206
] 
53F-4-505
(6).
(b) If a primary LEA of enrollment negotiates an online course fee with an online
course provider before the start date of an online course, a course credit acknowledgment may
be amended to reflect the negotiated online course fee.
Section 103. Section 
53F-4-509
, which is renumbered from Section 53A-15-1209 is
renumbered and amended to read:
[
53A-15-1209
].
 53F-4-509.
Online course credit hours included in daily
membership -- Limitation.
(1) Subject to Subsection (2), a student's primary LEA of enrollment shall include
online course credit hours in calculating daily membership.
(2) A student may not count as more than one FTE, unless the student intends to
complete high school graduation requirements, and exit high school, early, in accordance with
the student's plan for college and career readiness.
(3) A student who enrolls in an online course may not be counted in membership for a
released-time class, if counting the student in membership for a released-time class would
result in the student being counted as more than one FTE.
(4) Except as provided in Subsection (5), a student enrolled in an online course may
earn no more credits in a year than the number of credits a student may earn in a year by taking
a full course load during the regular school day in the student's primary LEA of enrollment.
(5) A student enrolled in an online course may earn more credits in a year than the
number of credits a student may earn in a year by taking a full course load during the regular
school day in the student's primary LEA of enrollment:
(a) if the student intends to complete high school graduation requirements, and exit
high school, early, in accordance with the student's plan for college and career readiness; or
(b) if allowed under local school board or charter school governing board policy.
Section 104. Section 
53F-4-510
, which is renumbered from Section 53A-15-1210 is
renumbered and amended to read:
[
53A-15-1210
].
 53F-4-510.
Administration of statewide assessments to
students enrolled in online courses.
(1) A student enrolled in an online course that is a course for which a statewide
assessment is administered under [
Chapter 1, Part 6, Achievement Tests
] 
Title 53E, Chapter 4,
Part 3, Assessments 
, shall take the statewide assessment.
(2) (a) The State Board of Education shall make rules providing for the administration
of a statewide assessment to a student enrolled in an online course.
(b) Rules made under Subsection (2)(a) shall:
(i) provide for the administration of a statewide assessment upon a student completing
an online course; and
(ii) require an online course provider to proctor the statewide assessment.
Section 105. Section 
53F-4-511
, which is renumbered from Section 53A-15-1211 is
renumbered and amended to read:
[
53A-15-1211
].
 53F-4-511.
Report on performance of online course
providers.
(1) The State Board of Education, in collaboration with online course providers, shall
develop a report on the performance of online course providers, which may be used to evaluate
the Statewide Online Education Program and assess the quality of an online course provider.
(2) A report on the performance of an online course provider shall include:
(a) scores aggregated by test on statewide assessments administered under [
Chapter 1,
Part 6, Achievement Tests
] 
Title 53E, Chapter 4, Part 3, Assessments 
, taken by students at the
end of an online course offered through the Statewide Online Education Program;
(b) the percentage of the online course provider's students who complete online courses
within the applicable time period specified in Subsection [
53A-15-1206
] 
53F-4-505
(4)(c);
(c) the percentage of the online course provider's students who complete online courses
after the applicable time period specified in Subsection [
53A-15-1206
] 
53F-4-505
(4)(c) and
before the student graduates from high school; and
(d) the pupil-teacher ratio for the combined online courses of the online course
provider.
(3) The State Board of Education shall post a report on the performance of an online
course provider on the Statewide Online Education Program's website.
Section 106. Section 
53F-4-512
, which is renumbered from Section 53A-15-1212 is
renumbered and amended to read:
[
53A-15-1212
].
 53F-4-512.
Dissemination of information on the Statewide
Online Education Program.
(1) The State Board of Education shall develop a website for the Statewide Online
Education Program which shall include:
(a) a description of the Statewide Online Education Program, including its purposes;
(b) information on who is eligible to enroll, and how an eligible student may enroll, in
an online course;
(c) a directory of online course providers;
(d) a link to a course catalog for each online course provider; and
(e) a report on the performance of online course providers as required by Section
[
53A-15-1211
] 
53F-4-511
.
(2) An online course provider shall provide the following information on the online
course provider's website:
(a) a description of the Statewide Online Education Program, including its purposes;
(b) information on who is eligible to enroll, and how an eligible student may enroll, in
an online course;
(c) a course catalog;
(d) scores aggregated by test on statewide assessments administered under [
Chapter 1,
Part 6, Achievement Tests
] 
Title 53E, Chapter 4, Part 3, Assessments 
, taken by students at the
end of an online course offered through the Statewide Online Education Program;
(e) the percentage of an online course provider's students who complete online courses
within the applicable time period specified in Subsection [
53A-15-1206
] 
53F-4-505
(4)(c);
(f) the percentage of an online course provider's students who complete online courses
after the applicable time period specified in Subsection [
53A-15-1206
] 
53F-4-505
(4)(c) and
before the student graduates from high school; and
(g) the online learning provider's pupil-teacher ratio for the online courses combined.
Section 107. Section 
53F-4-513
, which is renumbered from Section 53A-15-1212.5 is
renumbered and amended to read:
[
53A-15-1212.5
].
 53F-4-513.
Time period to enroll in an online course.
(1) To provide an LEA and online course providers with estimates of online course
enrollment, a student should enroll in an online course, or declare an intention to enroll in an
online course, during the high school course registration period designated by the LEA.
(2) Notwithstanding Subsection (1) and except as provided in Subsection (3), a student
may enroll in an online course at any time during a calendar year.
(3) (a) A student may alter a course schedule by dropping a traditional classroom
course and adding an online course consistent with course schedule alteration procedures
adopted by the student's primary LEA of enrollment or high school.
(b) A school district's or high school's deadline for dropping a traditional classroom
course and adding an online course shall be the same deadline for dropping and adding a
traditional classroom course.
Section 108. Section 
53F-4-514
, which is renumbered from Section 53A-15-1213 is
renumbered and amended to read:
[
53A-15-1213
].
 53F-4-514.
State Board of Education -- Rulemaking.
The State Board of Education shall make rules in accordance with this part and Title
63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(1) establish a course credit acknowledgement form and procedures for completing and
submitting to the State Board of Education a course credit acknowledgement; and
(2) establish procedures for the administration of a statewide assessment to a student
enrolled in an online course.
Section 109. Section 
53F-4-515
, which is renumbered from Section 53A-15-1214 is
renumbered and amended to read:
[
53A-15-1214
].
 53F-4-515.
Review by legislative auditor general.
The legislative auditor general shall conduct a review and issue a report on the
Statewide Online Education Program after the conclusion of the 2013-14 school year.
Section 110. Section 
53F-4-516
, which is renumbered from Section 53A-15-1216 is
renumbered and amended to read:
[
53A-15-1216
].
 53F-4-516.
Report of noncompliance -- Action to ensure
compliance.
(1) The state superintendent shall report to the State Board of Education any report of
noncompliance of this part made to a member of the staff of the State Board of Education.
(2) The State Board of Education shall take appropriate action to ensure compliance
with this part.
Section 111. Section 
53F-4-517
, which is renumbered from Section 53A-15-1217 is
renumbered and amended to read:
[
53A-15-1217
].
 53F-4-517.
Agreements for online instruction.
(1) In addition to offering online courses to students through the Statewide Online
Education Program, a school district or charter school may enter into an agreement with
another school district or charter school or a consortium of school districts or charter schools to
provide online instruction to the school district's or charter school's students.
(2) Online instruction offered pursuant to Subsection (1) is not subject to the
requirements of this part.
Section 112. Section 
53F-5-101
 is enacted to read:
CHAPTER 5. STATE FUNDING -- INITIATIVE GRANT PROGRAMS
Part 1. General Provisions
 53F-5-101.
Title.
This chapter is known as "State Funding -- Initiative Grant Programs."
Section 113. Section 
53F-5-102
 is enacted to read:
 53F-5-102.
Definitions.
Reserved
Section 114. Section 
53F-5-201
, which is renumbered from Section 53A-1-708 is
renumbered and amended to read:
Part 2. Miscellaneous Grant Programs
[
53A-1-708
].
 53F-5-201.
Grants for online delivery of statewide
assessments.
(1) As used in this section:
(a) "Adaptive tests" means tests administered during the school year using an online
adaptive test system.
(b) "Core standards for Utah public schools" means the standards established by the
State Board of Education as described in Section [
53A-1-402.6
] 
53E-4-202
.
(c) "Statewide assessment" means the same as that term is defined in Section
[
53A-1-602
] 
53E-4-301
.
(d) "Summative tests" means tests administered near the end of a course to assess
overall achievement of course goals.
(e) "Uniform online summative test system" means a single system for the online
delivery of summative tests required as statewide assessments that:
(i) is coordinated by the State Board of Education;
(ii) ensures the reliability and security of statewide assessments; and
(iii) is selected through collaboration between the State Board of Education and school
district representatives with expertise in technology, assessment, and administration.
(2) The State Board of Education may award grants to school districts and charter
schools to implement:
(a) a uniform online summative test system to enable school staff and parents of
students to review statewide assessment scores by the end of the school year; or
(b) an online adaptive test system to enable parents of students and school staff to
measure and monitor a student's academic progress during a school year.
(3) (a) Grant money may be used to pay for any of the following, provided it is directly
related to implementing a uniform online summative test system, an online adaptive test
system, or both:
(i) computer equipment and peripherals, including electronic data capture devices
designed for electronic test administration and scoring;
(ii) software;
(iii) networking equipment;
(iv) upgrades of existing equipment or software;
(v) upgrades of existing physical plant facilities;
(vi) personnel to provide technical support or coordination and management; and
(vii) teacher professional development.
(b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
online delivery of summative tests or adaptive tests required as statewide assessments, may be
used for other purposes.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules:
(a) establishing procedures for applying for and awarding grants;
(b) specifying how grant money is allocated among school districts and charter schools;
(c) requiring reporting of grant money expenditures and evidence showing that the
grant money has been used to implement a uniform online summative test system, an online
adaptive test system, or both;
(d) establishing technology standards for an online adaptive testing system;
(e) requiring a school district or charter school that receives a grant under this section
to implement, in compliance with [
Part 14, Student Data Protection Act, and Chapter 13, Part
3, Utah Family Educational Rights and Privacy Act
] 
Title 53E, Chapter 9, Student Privacy and
Data Protection
, an online adaptive test system by the 2014-15 school year that:
(i) meets the technology standards established under Subsection (4)(d); and
(ii) is aligned with the core standards for Utah public schools;
(f) requiring a school district or charter school to provide matching funds to implement
a uniform online summative test system, an online adaptive test system, or both in an amount
that is greater than or equal to the amount of a grant received under this section; and
(g) ensuring that student identifiable data is not released to any person, except as
provided by [
Part 14, Student Data Protection Act, Chapter 13, Part 3, Utah Family
Educational Rights and Privacy Act
] 
Title 53E, Chapter 9, Student Privacy and Data
Protection
, and rules of the State Board of Education adopted under the authority of those parts.
(5) If a school district or charter school uses grant money for purposes other than those
stated in Subsection (3), the school district or charter school is liable for reimbursing the State
Board of Education in the amount of the grant money improperly used.
(6) A school district or charter school may not use federal funds to provide the
matching funds required to receive a grant under this section.
(7) A school district may not impose a tax rate above the certified tax rate for the
purpose of generating revenue to provide matching funds for a grant under this section.
Section 115. Section 
53F-5-202
, which is renumbered from Section 53A-6-114 is
renumbered and amended to read:
[
53A-6-114
].
 53F-5-202.
National Board certification reimbursement.
(1) (a) The terms defined in Section 
53E-6-102
 apply to this section.
[
(1)
] 
(b)
 As used in this section:
[
(a)
] 
(i)
 "Eligible educator" means an educator who:
[
(i)
] 
(A)
 holds a current National Board certification; and
[
(ii)
] 
(B)
 is employed as an educator by an LEA.
[
(b)
] 
(ii)
 "Local education agency" or "LEA" means:
[
(i)
] 
(A)
 a school district;
[
(ii)
] 
(B)
 a charter school; or
[
(iii)
] 
(C)
 the Utah Schools for the Deaf and the Blind.
(2) (a) Subject to legislative appropriations and Subsection (2)(b), the board shall
reimburse an eligible educator for the cost to attain or renew a National Board certification.
(b) The board may only issue a reimbursement under Subsection (2)(a) for a
certification attained or renewed after July 1, 2016.
(3) The board shall reimburse an eligible educator under this section on a first come,
first served basis.
(4) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying procedures and timelines for reimbursing costs
under Subsection (2).
Section 116. Section 
53F-5-203
, which is renumbered from Section 53A-15-106 is
renumbered and amended to read:
[
53A-15-106
].
 53F-5-203.
Interventions for Reading Difficulties Pilot
Program.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Dyslexia" means a specific learning disability that is neurological in origin and
characterized by difficulties with accurate or fluent word recognition and by poor spelling and
decoding abilities that typically result from a deficit in the phonological component of language
that is often unexpected in relation to other cognitive abilities and the provision of effective
classroom instruction.
(c) "Endorsement" means the same as that term is defined in Section [
53A-6-103
]
53E-6-102
.
(d) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(e) "Multi-Tier System of Supports" or "MTSS" means a framework integrating
assessment and intervention that:
(i) provides increasingly intensive interventions for students at risk for or experiencing
reading difficulties, including:
(A) tier II interventions that, in addition to standard classroom reading, provide
supplemental and targeted small group instruction in reading using evidence-based curricula;
and
(B) tier III interventions that address the specific needs of students who are the most at
risk or who have not responded to tier II interventions by providing frequent, intensive, and
targeted small group instruction using evidence-based curricula; and
(ii) is developed to:
(A) maximize student achievement;
(B) reduce behavior problems; and
(C) increase long-term success.
(f) "Program" means the Interventions for Reading Difficulties Pilot Program.
(g) "Reading difficulty" means an impairment, including dyslexia, that negatively
affects a student's ability to learn to read.
(2) There is created the Interventions for Reading Difficulties Pilot Program to provide:
(a) specific evidence-based literacy interventions using an MTSS for students in
kindergarten through grade 5 who are at risk for or experiencing a reading difficulty, including
dyslexia; and
(b) professional development to educators who provide the literacy interventions
described in Subsection (2)(a).
(3) (a) An LEA may submit a proposal to the board to participate in the program.
(b) An LEA proposal described in Subsection (3)(a) shall:
(i) specify:
(A) a range of current benchmark assessment in reading scores described in Section
[
53A-1-606.6
] 
53E-4-307
 that the LEA will use to determine whether a student is at risk for a
reading difficulty; and
(B) other reading difficulty risk factors that the LEA will use to determine whether a
student is at risk for a reading difficulty;
(ii) describe the LEA's existing reading program;
(iii) describe the LEA's MTSS approach; and
(iv) include any other information requested by the board.
(c) The board may:
(i) specify the format for an LEA proposal; and
(ii) set a deadline for an LEA to submit a proposal.
(4) The board shall:
(a) define criteria for selecting an LEA to participate in the program;
(b) during fiscal year 2016, select five LEAs to participate in the program:
(i) on a competitive basis; and
(ii) using criteria described in Subsection (4)(a); and
(c) provide each LEA, selected as described in Subsection (4)(b), up to $30,000 per
school within the LEA.
(5) During fiscal years 2017, 2018, and 2019, if funding allows, the board may select
additional LEAs to participate in the program.
(6) An LEA that participates in the program:
(a) shall, beginning with the 2016-17 school year, provide the interventions described
in Subsection (7)(c) from the time the LEA is selected until the end of the 2018-19 school year;
and
(b) may provide the professional development described in Subsections (8)(a) and (b)
beginning in fiscal year 2016.
(7) An LEA that participates in the program shall:
(a) select at least one school in the LEA to participate in the program;
(b) identify students in kindergarten through grade 5 for participation in the program
by:
(i) using current benchmark assessment in reading scores as described in Section
[
53A-1-606.6
] 
53E-4-307
; and
(ii) considering other reading difficulty risk factors identified by the LEA;
(c) provide interventions for each student participating in the program using an MTSS
implemented by an educator trained in evidence-based interventions;
(d) include the LEA's proposal submitted under Subsection (3)(b) in the reading
achievement plan described in Section [
53A-1-606.5
] 
53E-4-306
 for each school in the LEA
that participates in the program; and
(e) report annually to the board on:
(i) individual student outcomes in changes in reading ability;
(ii) school level outcomes; and
(iii) any other information requested by the board.
(8) Subject to funding for the program, an LEA may use the funds described in
Subsection (4)(c) for the following purposes:
(a) to provide for ongoing professional development in evidence-based literacy
interventions;
(b) to support educators in earning a reading interventionist endorsement that prepares
teachers to provide a student who is at risk for or experiencing reading difficulty, including
dyslexia, with reading intervention that is:
(i) explicit;
(ii) systematic; and
(iii) targeted to a student's specific reading difficulty; and
(c) to implement the program.
(9) The board shall contract with an independent evaluator to evaluate the program on:
(a) whether the program improves reading outcomes for a student who receives the
interventions described in Subsection (7)(c);
(b) whether the program may reduce future special education costs; and
(c) any other student or school achievement outcomes requested by the board.
(10) (a) The board shall make a final report on the program to the Education Interim
Committee on or before November 1, 2018.
(b) In the final report described in Subsection (10)(a), the board shall include the
results of the evaluation described in Subsection (9).
Section 117. Section 
53F-5-204
, which is renumbered from Section 53A-15-1601 is
renumbered and amended to read:
[
53A-15-1601
].
 53F-5-204.
Initiative to strengthen college and career
readiness.
(1) As used in this section:
(a) "College and career counseling" means:
(i) nurturing college and career aspirations;
(ii) assisting students in planning an academic program that connects to college and
career goals;
(iii) providing early and ongoing exposure to information necessary to make informed
decisions when selecting a college and career;
(iv) promoting participation in college and career assessments;
(v) providing financial aid information; and
(vi) increasing understanding about college admission processes.
(b) "LEA" or "local education agency" means a school district or charter school.
(2) There is created the Strengthening College and Career Readiness Program, a grant
program for LEAs, to improve students' college and career readiness through enhancing the
skill level of school counselors to provide college and career counseling.
(3) The State Board of Education shall:
(a) on or before August 1, 2015, collaborate with the State Board of Regents, and
business, community, and education stakeholders to develop a certificate for school counselors
that:
(i) certifies that a school counselor is highly skilled at providing college and career
counseling; and
(ii) is aligned with the Utah Comprehensive Counseling and Guidance Program as
defined in rules established by the State Board of Education;
(b) subject to legislative appropriations, award grants to LEAs, on a competitive basis,
for payment of course fees for courses required to earn the certificate developed by the State
Board of Education under Subsection (3)(a); and
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules specifying:
(i) procedures for applying for and awarding grants under this section;
(ii) criteria for awarding grants; and
(iii) reporting requirements for grantees.
(4) An LEA that receives a grant under this section shall use the grant for payment of
course fees for courses required to attain the certificate as determined by the State Board of
Education under Subsection (3)(a).
(5) The State Board of Education shall report to the Education Interim Committee on
the status of the Strengthening College and Career Readiness Program on or before:
(a) November 1, 2016; and
(b) November 1, 2017.
Section 118. Section 
53F-5-205
, which is renumbered from Section 53A-6-802 is
renumbered and amended to read:
[
53A-6-802
].
 53F-5-205.
Paraeducator to Teacher Scholarship Program --
Grants for math teacher training programs.
(1) (a) The terms defined in Section 
53E-6-102
 apply to this section.
(b) As used in this section, "paraeducator" means a school employee who:
(i) delivers instruction under the direct supervision of a teacher; and
(ii) works in an area where there is a shortage of qualified teachers, such as special
education, Title I, ESL, reading remediation, math, or science.
[
(1)
] 
(2)
 The Paraeducator to Teacher Scholarship Program is created to award
scholarships to paraeducators for education and training to become licensed teachers.
[
(2)
] 
(3)
 The State Board of Education shall use money appropriated for the
Paraeducator to Teacher Scholarship Program to award scholarships of up to $5,000 to
paraeducators employed by school districts and charter schools who are pursuing an associate's
degree or bachelor's degree program to become a licensed teacher.
[
(3)
] 
(4)
 A paraeducator is eligible to receive a scholarship if:
(a) the paraeducator is employed by a school district or charter school;
(b) is admitted to, or has made an application to, an associate's degree program or
bachelor's degree program that will prepare the paraeducator for teacher licensure; and
(c) the principal at the school where the paraeducator is employed has nominated the
paraeducator for a scholarship.
[
(4)
] 
(5)
 (a) The State Board of Education shall establish a committee to select
scholarship recipients from nominations submitted by school principals.
(b) The committee shall include representatives of the State Board of Education, State
Board of Regents, and the general public, excluding school district and charter school
employees.
(c) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(d) The committee shall select scholarship recipients based on the following criteria:
(i) test scores, grades, or other evidence demonstrating the applicant's ability to
successfully complete a teacher education program; and
(ii) the applicant's record of success as a paraeducator.
[
(5)
] 
(6)
 The maximum scholarship amount is $5,000.
[
(6)
] 
(7)
 Scholarship money may only be used to pay for tuition costs:
(a) of:
(i) an associate's degree program that fulfills credit requirements for the first two years
of a bachelor's degree program leading to teacher licensure; or
(ii) the first two years of a bachelor's degree program leading to teacher licensure; and
(b) at a higher education institution:
(i) located in Utah; and
(ii) accredited by the Northwest Commission on Colleges and Universities.
[
(7)
] 
(8)
 A scholarship recipient must be continuously employed as a paraeducator by a
school district or charter school while pursuing a degree using scholarship money.
[
(8)
] 
(9)
 The State Board of Education shall make rules in accordance with this section
and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the Paraeducator
to Teacher Scholarship Program, including rules establishing:
(a) scholarship application procedures;
(b) the number of, and qualifications for, committee members who select scholarship
recipients; and
(c) procedures for distributing scholarship money.
(10) If the state obtains matching funds of equal sums from private contributors, the
board may award grants to institutions of higher education or nonprofit educational
organizations for programs that provide:
(a) mentoring and training leading to a secondary education license with an
endorsement in mathematics for an individual who:
(i) is not a teacher in a public or private school;
(ii) does not have a teaching license;
(iii) has a bachelor's degree or higher; and
(iv) demonstrates a high level of mathematics competency by:
(A) successfully completing substantial course work in mathematics; and
(B) passing a mathematics content exam; or
(b) a stipend, professional development, and leadership opportunities to an experienced
mathematics teacher who demonstrates high content knowledge and exemplary teaching and
leadership skills to assist the teacher in becoming a teacher leader.
(11) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that establish criteria for awarding grants under this section.
(b) In awarding grants, the board shall consider the amount or percent of matching
funds provided by the grant recipient.
Section 119. Section 
53F-5-206
, which is renumbered from Section 53A-15-1303 is
renumbered and amended to read:
[
53A-15-1303
].
 53F-5-206.
Grant awards for elementary suicide prevention
programs.
(1) To foster peer-to-peer suicide prevention, resiliency, and anti-bullying programs in
elementary schools, the public education suicide prevention coordinator, described in Section
[
53A-15-1301
] 
53G-9-702
, shall, subject to legislative appropriations, award grants to
elementary schools.
(2) A grant award may not exceed $500 per school per year.
(3) The application for a grant shall contain:
(a) a requested award amount;
(b) a budget; and
(c) a narrative plan of the peer-to-peer suicide prevention, resiliency, or anti-bullying
program.
(4) When awarding a grant under this section, the public education suicide prevention
coordinator shall consider:
(a) the content of a grant application; and
(b) whether an application is submitted in the manner and form prescribed.
Section 120. Section 
53F-5-207
, which is renumbered from Section 53A-17a-171 is
renumbered and amended to read:
[
53A-17a-171
].
 53F-5-207.
 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 local education boards to receive money under the program;
and
(b) award grants to 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 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) 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 121. Section 
53F-5-208
, which is renumbered from Section 53A-3-402.11 is
renumbered and amended to read:
[
53A-3-402.11
].
 53F-5-208.
Reading Performance Improvement Scholarship
Program.
(1) There is established a Reading Performance Improvement Scholarship Program to
assist selected elementary teachers in obtaining a reading endorsement so that they may help
improve the reading performance of students in their classes.
(2) The State Board of Education shall award scholarships of up to $500 to each
recipient under the program.
(3) The board shall give weighted consideration to scholarship applicants who:
(a) teach in grades kindergarten through three;
(b) are designated by their schools as, or are seeking the designation of, reading
specialist; and
(c) teach in a rural area of the state.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall provide by rule for:
(a) the application procedure for the scholarship; and
(b) what constitutes a reading specialist at the elementary school level.
Section 122. Section 
53F-5-301
, which is renumbered from Section 53A-1b-202 is
renumbered and amended to read:
Part 3. High Quality School Readiness Program 
[
53A-1b-202
].
 53F-5-301.
Definitions.
As used in this part:
(1) "Board" means the State Board of Education.
(2) "Child Development Associate Credential" means a credential in early childhood
education that is:
(a) based on a core set of competency standards; and
(b) nationally recognized.
(3) "Department" means the Department of Workforce Services.
(4) "Economically disadvantaged child" means a child who:
(a) is in a family that is eligible for assistance through TANF; or
(b) is eligible for free or reduced lunch.
(5) "Eligible home-based technology provider" means a provider that offers a
home-based educational technology program to develop the school readiness skills of an
eligible student.
(6) "Eligible private provider" means the same as that term is defined in Section
[
53A-1b-102
] 
53F-6-301
.
(7) "Eligible student" means an individual who:
(a) will be four years of age on or before September 2 of the school year in which the
individual intends to participate in a school readiness program;
(b) has not entered kindergarten; and
(c) (i) is experiencing intergenerational poverty, as determined by the department; or
(ii) (A) is an economically disadvantaged child; and
(B) is at risk for not meeting grade 3 core standards for Utah public schools,
established by the State Board of Education under Section [
53A-1-402.6
] 
53E-4-202
, by the
end of the individual's grade 3 year, as determined by an assessment.
(8) "High quality school readiness program" means a school readiness program that:
(a) is provided by an LEA, eligible private provider, or eligible home-based technology
provider; and
(b) meets the elements of a high quality school readiness program described in Section
[
53A-1b-105
] 
53F-6-304
 as determined by the board or the department under Section
[
53A-1b-204
] 
53F-5-303
, [
53A-1b-205
] 
53F-5-304
, or [
53A-1b-206
] 
53F-5-305
.
(9) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(10) "Intergenerational poverty scholarship" or "IGP scholarship" means a scholarship
to attend a high quality school readiness program for an eligible student who is experiencing
intergenerational poverty.
(11) "Local education agency" or "LEA" means a:
(a) school district; or
(b) charter school.
(12) "TANF" means Temporary Assistance for Needy Families, described in 42 U.S.C.
Sec. 601 et seq.
Section 123. Section 
53F-5-302
, which is renumbered from Section 53A-1b-203 is
renumbered and amended to read:
[
53A-1b-203
].
 53F-5-302.
Administration of programs.
(1) The State Board of Education, in collaboration with the department, shall:
(a) administer the grant program described in Section [
53A-1b-204
] 
53F-5-303
 for
LEAs;
(b) administer the grant program for eligible home-based technology providers
described in Section [
53A-1b-205
] 
53F-5-304
; and
(c) oversee the evaluation described in Section [
53A-1b-208
] 
53F-5-307
.
(2) The department, in collaboration with the board, shall administer:
(a) the grant program described in Section [
53A-1b-204
] 
53F-5-303
 for eligible private
providers;
(b) the Intergenerational Poverty School Readiness Scholarship Program described in
Section [
53A-1b-206
] 
53F-5-305
; and
(c) early childhood teacher training described in Section [
53A-1b-207
] 
53F-5-306
.
Section 124. Section 
53F-5-303
, which is renumbered from Section 53A-1b-204 is
renumbered and amended to read:
[
53A-1b-204
].
 53F-5-303.
Student Access to High Quality School Readiness
Programs Grant Program -- Determination of high quality school readiness program--
Reporting requirement -- Fees.
(1) There is created the Student Access to High Quality School Readiness Programs
Grant Program to expand access to high quality school readiness programs for eligible students
through:
(a) grants for LEAs administered by the board; and
(b) grants for eligible private providers administered by the department.
(2) The board, in coordination with the department, shall develop a tool to determine
whether a school readiness program is a high quality school readiness program.
(3) (a) The board shall solicit proposals from LEAs to fund increases in the number of
eligible students high quality school readiness programs can serve.
(b) The department shall solicit proposals from eligible private providers to fund
increases in the number of eligible students high quality school readiness programs can serve.
(4) (a) Except as provided in Subsection (4)(c), a respondent shall submit a proposal
that includes the information described in Subsection (4)(b):
(i) to the board, for a respondent that is an LEA; or
(ii) to the department, for a respondent that is an eligible private provider.
(b) A respondent's proposal for the grant solicitation described in Subsection (3) shall
include:
(i) the respondent's existing and proposed school readiness program, including:
(A) the number of students served by the respondent's school readiness program;
(B) the respondent's policies and procedures for admitting students into the school
readiness program;
(C) the estimated cost per student; and
(D) any fees the respondent charges to a parent or legal guardian for the school
readiness program;
(ii) the respondent's plan to use funding sources, in addition to a grant described in this
section, including:
(A) federal funding; or
(B) private grants or donations;
(iii) existing or planned partnerships between the respondent and an LEA, eligible
private provider, or eligible home-based technology provider to increase access to high quality
school readiness programs for eligible students;
(iv) how the respondent would use a grant to:
(A) expand the number of eligible students served by the respondent's school readiness
program; and
(B) target the funding toward the highest risk students, including addressing the
particular needs of children at risk of experiencing intergenerational poverty;
(v) how the respondent's school readiness program is a high quality school readiness
program; and
(vi) the results of any evaluations of the respondent's school readiness program.
(c) In addition to the requirements described in Subsection (4)(b), a respondent that is
an LEA shall describe in the respondent's proposal the percentage of the respondent's
kindergarten through grade 12 students who are economically disadvantaged children.
(5) (a) For each LEA proposal received in response to the solicitation described in
Subsection (3)(a), the board shall determine if the LEA school readiness program is a high
quality school readiness program by:
(i) applying the tool described in Subsection (2); and
(ii) conducting at least one site visit to the program.
(b) For each eligible private provider proposal received in response to the solicitation
described in Subsection (3)(b), the department shall determine if the school readiness program
is a high quality school readiness program by:
(i) applying the tool described in Subsection (2); and
(ii) conducting at least one site visit to the program.
(6) (a) Subject to legislative appropriations and Subsection (6)(b), the board shall
award grants, on a competitive basis, to respondents that are LEAs.
(b) The board may only award a grant to an LEA if:
(i) the LEA submits a proposal that includes the information required under Subsection
(4);
(ii) the board determines that the LEA's program is a high quality school readiness
program as described in Subsection (5); and
(iii) the LEA agrees to the evaluation requirements described in Section [
53A-1b-208
]
53F-5-307
.
(7) (a) Subject to legislative appropriations and Subsection (7)(b), the department shall
award grants, on a competitive basis, to respondents that are eligible private providers.
(b) The department may only award a grant to a respondent if:
(i) the respondent submits a proposal that includes the information required under
Subsection (4);
(ii) the department determines that the respondent's school readiness program is a high
quality school readiness program as described in Subsection (5); and
(iii) the respondent agrees to the evaluation requirements described in Section
[
53A-1b-208
] 
53F-5-307
.
(8) In evaluating a proposal received in response to the solicitation described in
Subsection (3), the board and the department shall consider:
(a) the number and percent of students in the respondent's high quality school readiness
program that are eligible students at the highest risk;
(b) geographic diversity, including whether the respondent is urban or rural;
(c) the extent to which the respondent intends to participate in a partnership with an
LEA, eligible private provider, or eligible home-based technology provider; and
(d) the respondent's level of administrative support and leadership to effectively
implement, monitor, and evaluate the program.
(9) (a) The board shall ensure that an LEA that receives a grant under this section
funded by TANF funds uses the grant to provide a high quality school readiness program for
eligible students who are eligible to receive assistance through TANF.
(b) The department shall ensure that a private provider that receives a grant under this
section funded by TANF funds uses the grant to provide a high quality school readiness
program for eligible students who are eligible to receive assistance through TANF.
(10) A respondent that receives a grant under this section shall:
(a) use the grant to expand access for eligible students to high quality school readiness
programs by enrolling eligible students in a high quality school readiness program;
(b) report to the board annually regarding:
(i) how the respondent used the grant awarded under Subsection (6) or (7);
(ii) participation in any partnerships between an LEA, eligible private provider, or
eligible home-based technology provider; and
(iii) the results of any evaluations;
(c) allow classroom or other visits by an independent evaluator selected by the board
under Section [
53A-1b-208
] 
53F-5-307
; and
(d) for a respondent that is an LEA, notify a parent or legal guardian who expresses
interest in enrolling the parent or legal guardian's child in the LEA's high quality school
readiness program of each state-funded high quality school readiness program operating within
the LEA's geographic boundaries.
(11) An LEA that receives a grant under this section may charge a student fee to
participate in an LEA's school readiness program if:
(a) the LEA's local school board or charter school governing board approves the fee;
(b) the fee for a student does not exceed the actual cost of providing the high quality
school readiness program to the student; and
(c) the fee structure for the program is designed on a sliding scale, based on household
income.
(12) (a) The board shall establish interventions for a grantee that is an LEA that fails to
comply with the requirements described in this section.
(b) The department shall establish interventions for a grantee that is an eligible private
provider that fails to comply with the requirements described in this section.
(c) An intervention under this Subsection (12) may include discontinuing or reducing
funding.
(13) Subject to legislative appropriations, the board and the department shall give first
priority in awarding grants to a respondent that has previously received a grant under this
section if the respondent:
(a) makes the annual report described in Subsection (9)(b);
(b) participates in the annual evaluation described in Section [
53A-1b-208
] 
53F-5-307
;
and
(c) continues to offer a high quality school readiness program as determined during an
annual site visit by:
(i) the board, for an LEA; or
(ii) the department, for an eligible private provider.
(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) the board shall make rules to:
(i) implement the tool described in Subsection (2); and
(ii) administer the grant program for LEAs described in this section; and
(b) the department shall make rules to administer the grant program for eligible private
providers described in this section.
Section 125. Section 
53F-5-304
, which is renumbered from Section 53A-1b-205 is
renumbered and amended to read:
[
53A-1b-205
].
 53F-5-304.
Home-based technology high quality school
readiness program.
(1) (a) The board shall offer a home-based technology high quality school readiness
program to eligible students by awarding contracts to one or more home-based technology
providers, as described in this section.
(b) The board shall solicit proposals from eligible home-based technology providers to
provide high quality school readiness programs for eligible students to participate in:
(i) at home;
(ii) as part of a school readiness program offered by an LEA or private provider; or
(iii) in any other setting where Internet access is available, such as a library.
(c) The home-based technology high quality school readiness program described in this
section is established in the public education system.
(2) An eligible home-based technology provider that responds to the solicitation
described in Subsection (1) shall submit a proposal describing:
(a) how the home-based technology provider's school readiness program meets the
elements of a high quality school readiness program described in Subsection [
53A-1b-105
]
53F-6-304
(2);
(b) how the home-based technology provider intends to target the home-based
technology provider's school readiness program to eligible students who are at the highest risk,
as determined by the board;
(c) the cost of the program per student;
(d) the cost of a statewide license;
(e) existing or planned partnerships between the home-based technology provider and
an LEA or eligible private provider; and
(f) the results of all evaluations of the home-based technology provider's school
readiness program.
(3) For each proposal received under Subsection (2), the board shall:
(a) determine if the program is a high quality school readiness program using the tool
described in Subsection [
53A-1b-204
] 
53F-5-303
(2); and
(b) receive a demonstration of the home-based technology.
(4) (a) Subject to legislative appropriations, and in accordance with Title 63G, Chapter
6a, Utah Procurement Code, the board shall award contracts to one or more home-based
technology providers to provide home-based school readiness programs.
(b) The board may only award a contract to a home-based technology provider if the
home-based technology provider:
(i) submits a proposal that includes the information described in Subsection (2);
(ii) offers a high quality school readiness program; and
(iii) agrees to the evaluation requirements described in Section [
53A-1b-208
]
53F-5-307
.
(5) In evaluating a proposal received under Subsection (2), the board shall consider:
(a) the number and percent of eligible students that the respondent intends to serve;
(b) the extent to which the respondent intends to participate in a partnership with an
LEA or eligible private provider;
(c) the extent to which the respondent is able to reach students who do not have access
to other high quality school readiness programs; and
(d) the cost per student.
(6) A home-based technology provider that receives a contract under this section:
(a) shall use the funding to provide a high quality school readiness program to eligible
students; and
(b) may use the funding for the installation of computer or Internet access in homes of
eligible students whose families cannot afford the equipment or services.
(7) The board shall ensure that a home-based technology provider that receives a grant
under this section funded by TANF funds uses the grant to provide a home-based high quality
school readiness program to eligible students who are eligible to receive TANF funded
assistance.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules to implement this section.
Section 126. Section 
53F-5-305
, which is renumbered from Section 53A-1b-206 is
renumbered and amended to read:
[
53A-1b-206
].
 53F-5-305.
Intergenerational Poverty School Readiness
Scholarship Program.
(1) There is created the Intergenerational Poverty School Readiness Scholarship
Program to provide an eligible student experiencing intergenerational poverty access to a high
quality school readiness program.
(2) The department shall, in accordance with Section 
35A-9-401
:
(a) determine if an individual is eligible for an IGP scholarship; and
(b) award an IGP scholarship.
(3) (a) (i) An LEA or home-based technology provider may apply to the board to
receive a designation as a high quality school readiness program.
(ii) The board shall determine if an LEA or home-based technology provider offers a
high quality school readiness program using the tool described in Subsection [
53A-1b-204
]
53F-5-303
(2).
(b) (i) An eligible private provider may apply to the department to receive a
designation as a high quality school readiness program.
(ii) The department shall determine if an eligible private provider offers a high quality
school readiness program using the tool described in Subsection [
53A-1b-204
] 
53F-5-303
(2).
(4) (a) The department and the board shall coordinate to assist a parent or legal
guardian of a recipient of an IGP scholarship to enroll the IGP scholarship recipient in a high
quality school readiness program:
(i) offered by an LEA, eligible private provider, or eligible home-based technology
provider; and
(ii) of the parent or legal guardian's choice.
(b) The department shall pay the scholarship amount directly to a high quality school
readiness program in which an IGP scholarship recipient enrolls.
(5) (a) Except as provided in Subsection (5)(b), the department may not provide an
individual's IGP scholarship to an LEA, eligible private provider, or eligible home-based
technology provider unless the LEA, eligible private provider, or eligible home-based
technology provider offers a high quality school readiness program, as determined by the board
or the department under Subsection (3).
(b) An LEA, eligible private provider, or eligible home-based technology provider that
receives a determination as a high quality school readiness program under Section
[
53A-1b-204
] 
53F-5-303
 or [
53A-1b-206
] 
53F-5-305
 may enroll an IGP scholarship recipient.
Section 127. Section 
53F-5-306
, which is renumbered from Section 53A-1b-207 is
renumbered and amended to read:
[
53A-1b-207
].
 53F-5-306.
Early childhood teacher training.
(1) Subject to legislative appropriations, the department shall provide training to early
childhood teachers by providing:
(a) a scholarship for individuals who intend to receive a Child Development Associate
Credential; and
(b) consulting services to assist individuals to complete a Child Development
Associate Credential.
(2) The department shall conduct an annual needs assessment to determine the number
of scholarships to award each year.
(3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this section.
Section 128. Section 
53F-5-307
, which is renumbered from Section 53A-1b-208 is
renumbered and amended to read:
[
53A-1b-208
].
 53F-5-307.
Evaluation -- Reporting requirements.
(1) In accordance with this section, the board, in coordination with the department,
shall oversee the ongoing review and evaluation by an independent evaluator for each school
year of:
(a) the Student Access to High Quality School Readiness Programs Grant Program
described in Section [
53A-1b-204
] 
53F-5-303
;
(b) the home-based technology high quality school readiness program described in
Section [
53A-1b-205
] 
53F-5-304
;
(c) the Intergenerational Poverty School Readiness Scholarship Program described in
Section [
53A-1b-206
] 
53F-5-305
; and
(d) early childhood teacher training described in Section [
53A-16-207
] 
53F-5-306
.
(2) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
shall enter into a contract with an independent evaluator to assist the board in the evaluation
process.
(b) In selecting an independent evaluator, the board shall select an evaluator that:
(i) has the capacity to meet the requirements described in Subsection (3);
(ii) has a background in designing and conducting rigorous evaluations;
(iii) has a demonstrated ability to monitor and evaluate a program over an extended
period of time;
(iv) is independent from agencies or providers implementing high quality school
readiness programs funded under this part; and
(v) has experience in early childhood education or early childhood education
evaluation.
(c) The board may not enter into a contract with an independent evaluator without
obtaining approval from the department.
(3) Under the direction of the board, with input from the department, the independent
evaluator selected under Subsection (2) shall:
(a) design an evaluation methodology that:
(i) assesses the effects of a high quality school readiness program on an eligible
student's:
(A) readiness for kindergarten, using a uniform assessment methodology that includes
a pre- and post-test chosen in coordination with the board;
(B) ability, as determined by following the student longitudinally, to meet grade 3 core
standards for Utah public schools, established by the board under Section [
53A-1-402.6
]
53E-4-202
, by the end of the student's grade 3 year; and
(C) attainment of a high school diploma or other completion certificate, as determined
by following the student longitudinally; and
(ii) allows for comparisons between students with similar demographic characteristics
who complete a high quality school readiness program and students who do not; and
(b) conduct an annual evaluation of the programs described in Subsection (1).
(4) To assist the independent evaluator selected under Subsection (2) in completing the
evaluation required under Subsection (3):
(a) an LEA that receives a grant under Section [
53A-1b-204
] 
53F-5-303
, or enrolls an
IGP scholarship recipient under Section [
53A-1b-206
] 
53F-5-305
, shall assign a statewide
unique student identifier to each student who participates in the LEA's school readiness
program;
(b) an eligible private provider that receives a grant described in Section [
53A-1b-204
]
53F-5-303
 or an eligible home-based technology provider that receives a contract described in
Section [
53A-1b-205
] 
53F-5-304
 shall work in conjunction with the board to assign a statewide
unique student identifier to each student who is enrolled in the provider's school readiness
program in the student's last year before kindergarten; and
(c) an eligible private provider or eligible home-based technology provider that
receives an IGP scholarship under Section [
53A-1b-206
] 
53F-5-305
 shall work in conjunction
with the board to assign a statewide unique student identifier to each student who is funded by
an IGP scholarship.
(5) The board and the department shall report annually, on or before November 1, to
the Education Interim Committee on the results of an evaluation conducted under this section.
Section 129. Section 
53F-5-401
, which is renumbered from Section 53A-4-302 is
renumbered and amended to read:
Part 4. Partnerships for Student Success Grant Program
[
53A-4-302
].
 53F-5-401.
Definitions.
As used in this part:
(1) "Board" means the State Board of Education.
(2) "Eligible elementary school" or "eligible junior high school" means a district school
or charter school that has at least 50% of the school's students with a family income at or below
185% of the federal poverty level.
(3) "Eligible partnership" means a partnership that:
(a) includes at least:
(i) a local education agency that has designated an eligible school feeder pattern;
(ii) a local nonprofit organization;
(iii) a private business;
(iv) a municipality or county in which the eligible school feeder pattern is located;
(v) an institution of higher education within the state;
(vi) a state or local government agency that provides services to students attending
schools within the eligible school feeder pattern;
(vii) a local philanthropic organization; and
(viii) a local health care organization; and
(b) has designated a local education agency or local nonprofit organization to act as
lead applicant for a grant described in this part.
(4) "Eligible school feeder pattern" means the succession of schools that a student
enrolls in as the student progresses from kindergarten through grade 12 that includes, as
designated by a local education agency:
(a) a high school;
(b) an eligible junior high school that:
(i) is a district school within the geographic boundary of the high school described in
Subsection (4)(a); or
(ii) is a charter school that sends at least 50% of the charter school's students to the
high school described in Subsection (4)(a); and
(c) an eligible elementary school that:
(i) is a district school within the geographic boundary of the high school described in
Subsection (4)(a); or
(ii) is a charter school that sends at least 50% of the charter school's students to the
junior high school described in Subsection (4)(b).
(5) "Local education agency" means a school district or charter school.
Section 130. Section 
53F-5-402
, which is renumbered from Section 53A-4-303 is
renumbered and amended to read:
[
53A-4-303
].
 53F-5-402.
Partnerships for Student Success Grant Program
established.
(1) There is created the Partnerships for Student Success Grant Program to improve
educational outcomes for low income students through the formation of cross sector
partnerships that use data to align and improve efforts focused on student success.
(2) Subject to legislative appropriations, the board shall award grants to eligible
partnerships that enter into a memorandum of understanding between the members of the
eligible partnership to plan or implement a partnership that:
(a) establishes shared goals, outcomes, and measurement practices based on unique
community needs and interests that:
(i) are aligned with the recommendations of the five- and ten-year plan to address
intergenerational poverty described in Section 
35A-9-303
; and
(ii) address, for students attending a school within an eligible school feeder pattern:
(A) kindergarten readiness;
(B) grade 3 mathematics and reading proficiency;
(C) grade 8 mathematics and reading proficiency;
(D) high school graduation;
(E) postsecondary education attainment;
(F) physical and mental health; and
(G) development of career skills and readiness;
(b) coordinates and aligns services to:
(i) students attending schools within an eligible school feeder pattern; and
(ii) the families and communities of the students within an eligible school feeder
pattern;
(c) implements a system for:
(i) sharing data to monitor and evaluate shared goals and outcomes, in accordance with
state and federal law; and
(ii) accountability for shared goals and outcomes; and
(d) commits to providing matching funds as described in Section [
53A-4-304
]
53F-5-403
.
(3) In making grant award determinations, the board shall prioritize funding for an
eligible partnership that:
(a) includes a low performing school as determined by the board; or
(b) addresses parent and community engagement.
(4) In awarding grants under this part, the board:
(a) shall distribute funds to the lead applicant designated by the eligible partnership as
described in Section [
53A-4-302
] 
53F-5-401
; and
(b) may not award more than $500,000 per fiscal year to an eligible partnership.
Section 131. Section 
53F-5-403
, which is renumbered from Section 53A-4-304 is
renumbered and amended to read:
[
53A-4-304
].
 53F-5-403.
Matching funds -- Grantee requirements.
(1) (a) The board may not award a grant to an eligible partnership unless the eligible
partnership provides matching funds equal to two times the amount of the grant.
(b) The board shall ensure that at least half of the matching funds provided under
Subsection (1)(a) are provided by a local education agency.
(c) Matching funds may include cash or an in-kind contribution.
(2) A partnership that receives a grant under this part shall:
(a) select and contract with a technical assistance provider identified by the board as
described in Section [
53A-4-305
] 
53F-5-404
;
(b) continually assess progress toward reaching shared goals and outcomes;
(c) publish results of the continual assessment described in Subsection (2)(b) on an
annual basis;
(d) regularly report to the board in accordance with rules established by the board
under Section [
53A-4-307
] 
53F-5-406
; and
(e) as requested, share information and data with the third party evaluator described in
Section [
53A-4-306
] 
53F-5-405
, in accordance with state and federal law.
(3) A partnership that receives a grant under this part may use grant funds only for the
following purposes:
(a) to contract with a technical assistance provider identified by the board as described
in Section [
53A-4-305
] 
53F-5-404
; and
(b) to plan or implement a partnership, including:
(i) for project management;
(ii) for planning and adaptation of services and strategies;
(iii) to coordinate services;
(iv) to establish and implement shared measurement practices;
(v) to produce communication materials and conduct outreach activities to build public
support;
(vi) to establish data privacy and sharing agreements, in accordance with state and
federal law;
(vii) to purchase infrastructure, hardware, and software to collect and store data; or
(viii) to analyze data.
(4) (a) The board shall establish interventions for a partnership that:
(i) fails to comply with the requirements described in this section; or
(ii) is not making progress toward reaching the shared goals and outcomes established
by the partnership as described in Section [
53A-4-303
] 
53F-5-402
.
(b) An intervention under Subsection (4)(a) may include discontinuing or reducing
funding.
Section 132. Section 
53F-5-404
, which is renumbered from Section 53A-4-305 is
renumbered and amended to read:
[
53A-4-305
].
 53F-5-404.
Technical assistance.
(1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board shall
identify two or more technical assistance providers that a partnership may select from to assist
the partnership in:
(a) establishing shared goals, outcomes, and measurement practices;
(b) creating the capabilities to achieve shared goals and outcomes that may include
providing leadership development training to members of the partnership; and
(c) using data to align and improve efforts focused on student success.
(2) In identifying technical assistance providers under this section the board shall
identify providers that have a credible track record of providing technical assistance as
described in Subsection (1).
Section 133. Section 
53F-5-405
, which is renumbered from Section 53A-4-306 is
renumbered and amended to read:
[
53A-4-306
].
 53F-5-405.
Independent evaluation -- Reporting.
(1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board shall
contract with an independent evaluator to annually evaluate a partnership that receives a grant
under this part.
(2) The evaluation described in Subsection (1) shall:
(a) assess implementation of a partnership, including the extent to which members of a
partnership:
(i) share data to align and improve efforts focused on student success; and
(ii) meet regularly and communicate authentically; and
(b) assess the impact of a partnership on student outcomes using appropriate statistical
evaluation methods.
(3) In identifying an independent evaluator under Subsection (1), the board shall
identify an evaluator that:
(a) has a credible track record of conducting evaluations as described in Subsection (2);
and
(b) is independent of any member of the partnership and does not otherwise have a
vested interest in the outcome of the evaluation.
(4) Beginning in the 2017-18 school year, the board shall ensure that the independent
evaluator:
(a) prepares an annual written report of an evaluation conducted under this section; and
(b) annually submits the report to the Education Interim Committee.
Section 134. Section 
53F-5-406
, which is renumbered from Section 53A-4-307 is
renumbered and amended to read:
[
53A-4-307
].
 53F-5-406.
Rules.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules to administer the Partnerships for Student Success Grant Program in
accordance with this part.
Section 135. Section 
53F-5-501
, which is renumbered from Section 53A-15-1802 is
renumbered and amended to read:
Part 5. Competency-Based Education Grants Program
[
53A-15-1802
].
 53F-5-501.
Definitions.
As used in this part:
(1) "Blended learning" means a formal education program in which a student learns:
(a) at least in part, through online learning with some element of student control over
time, place, path, and pace;
(b) at least in part, in a supervised brick-and-mortar location away from home; and
(c) in a program in which the modalities along each student's learning path within a
course or subject are connected to provide an integrated learning experience.
(2) "Board" means the State Board of Education.
(3) "Competency-Based education" means a system where a student advances to higher
levels of learning when the student demonstrates competency of concepts and skills regardless
of time, place, or pace.
(4) "Extended learning" means learning opportunities outside of a traditional school
structure, including:
(a) online learning available anywhere, anytime;
(b) career-based experiences, including internships and job shadowing;
(c) community-based projects; and
(d) off-site postsecondary learning.
(5) "Grant program" means the Competency-Based Education Grants Program created
in this part.
(6) "Institution of higher education" means an institution listed in Section 
53B-1-102
.
(7) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(8) "Review committee" means the committee established under Section
[
53A-15-1803
] 
53F-5-502
.
(9) "STEM" means science, technology, engineering, and mathematics.
Section 136. Section 
53F-5-502
, which is renumbered from Section 53A-15-1803 is
renumbered and amended to read:
[
53A-15-1803
].
 53F-5-502.
Competency-Based Education Grants Program --
Board duties -- Review committee -- Technical assistance training.
(1) There is created the Competency-Based Education Grants Program consisting of
the grants created in this part to improve educational outcomes in public schools by advancing
student mastery of concepts and skills through the following core principles:
(a) student advancement upon mastery of a concept or skill;
(b) competencies that include explicit, measurable, and transferable learning objectives
that empower a student;
(c) assessment that is meaningful and provides a positive learning experience for a
student;
(d) timely, differentiated support based on a student's individual learning needs; and
(e) learning outcomes that emphasize competencies that include application and
creation of knowledge along with the development of important skills and dispositions.
(2) The grant program shall incentivize an LEA to establish competency-based
education within the LEA through the use of:
(a) personalized learning;
(b) blended learning;
(c) extended learning;
(d) educator professional learning in competency-based education; or
(e) any other method that emphasizes the core principles described in Subsection (1).
(3) The board shall:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
adopt rules:
(i) for the administration of the grant program and awarding of grants; and
(ii) to define outcome-based measures appropriate to the type of grant for an LEA that
is awarded a grant under this part to use to measure the performance of the LEA's plan or
program;
(b) establish a grant application process;
(c) in accordance with Subsection (4), establish a review committee to make
recommendations to the board for:
(i) metrics to analyze the quality of a grant application; and
(ii) approval of a grant application; and
(d) with input from the review committee, adopt metrics to analyze the quality of a
grant application.
(4) (a) The review committee shall consist of STEM and blended learning experts,
current and former school administrators, current and former teachers, and at least one former
school district superintendent, in addition to other staff designated by the board.
(b) The review committee shall:
(i) review a grant application submitted by an LEA;
(ii) make recommendations to the LEA to modify the application, if necessary; and
(iii) make recommendations to the board regarding the final disposition of an
application.
(5) (a) The board shall provide technical assistance training to assist an LEA with a
grant application under this part.
(b) An LEA may not apply for a grant under this part unless:
(i) a representative of the LEA attends the technical assistance training before the LEA
submits a grant application; and
(ii) the representative is a superintendent, principal, or a person in a leadership position
within the LEA.
(c) The technical assistance training shall include:
(i) instructions on completing a grant application, including grant application
requirements;
(ii) information on the scoring metrics used to review a grant application; and
(iii) information on competency-based education.
(6) The board may use up to 5% of an appropriation provided to fund this part for
administration of the grant program.
Section 137. Section 
53F-5-503
, which is renumbered from Section 53A-15-1804 is
renumbered and amended to read:
[
53A-15-1804
].
 53F-5-503.
Planning grants -- Requirements.
(1) (a) The board shall, subject to legislative appropriations, award a planning grant to,
subject to Subsection (1)(c), an LEA:
(i) that submits a planning grant application that meets the requirements established by
the board, subject to Subsection (2);
(ii) if an LEA designee has attended the technical assistance training described in
Section [
53A-15-1803
] 
53F-5-502
; and
(iii) if the LEA planning grant application has been recommended by the review
committee.
(b) An LEA that receives a grant under Subsection (1)(a) shall expend the grant funds
no later than one calendar year after receiving the funds.
(c) The board may not select more than three LEAs to award planning grants to under
this section.
(2) (a) A planning grant application shall include evidence that the LEA:
(i) can provide a general description of the program the LEA would like to plan;
(ii) is intending to plan for:
(A) schoolwide implementation; or
(B) if the LEA intends to implement initially with a population smaller than
schoolwide, phasing the plan in schoolwide or districtwide over a specified period of time;
(iii) can describe the types of partners that will help with the plan and, eventually,
implement the program;
(iv) planning activities and program will focus on:
(A) implementation of the core principles described in Section [
53A-15-1803
]
53F-5-502
;
(B) use of the methods, as applicable, described in Section [
53A-15-1803
] 
53F-5-502
;
and
(C) the outcome-based measures adopted by the board under Section [
53A-15-1803
]
53F-5-502
;
(v) has:
(A) the capacity, qualifications, local governing body support, and time to successfully
plan the program; and
(B) an intentional and feasible planning process;
(vi) will align the LEA's budget as necessary with the planning process; and
(vii) will communicate and promote the plan with parents, teachers, and members of
the community.
(b) The board may adopt other requirements in addition to the requirements in
Subsection (2)(a).
Section 138. Section 
53F-5-504
, which is renumbered from Section 53A-15-1805 is
renumbered and amended to read:
[
53A-15-1805
].
 53F-5-504.
Implementation grants -- Requirements.
(1) (a) The board shall, subject to legislative appropriations, award an implementation
grant to, subject to Subsection (1)(c), an LEA:
(i) that submits an implementation grant application that meets the requirements
established by the board, subject to Subsection (2);
(ii) if an LEA designee has attended the technical assistance training described in
Section [
53A-15-1803
] 
53F-5-502
; and
(iii) if the LEA implementation grant application has been recommended by the review
committee.
(b) An LEA that receives a grant under Subsection (1)(a) shall expend the grant funds
no later than two calendar years after receiving the funds.
(c) An LEA is not eligible to receive an implementation grant under this section unless
the board has previously awarded the LEA a planning grant under Section [
53A-15-1804
]
53F-5-503
.
(2) (a) An implementation grant application shall include evidence that the LEA:
(i) can logically articulate the proposed program's mission, theory of change, and the
program's intended goals and outcomes;
(ii) (A) program will have schoolwide implementation; or
(B) if the LEA intends to implement initially with a population smaller than
schoolwide, program includes steps to phase the program in schoolwide or districtwide over a
specified period of time;
(iii) has an understanding of similar programs and can use this knowledge to strengthen
the LEA's program implementation;
(iv) program will focus on:
(A) direct alignment with the core principles described in Section [
53A-15-1803
]
53F-5-502
;
(B) use of the methods, as applicable, described in Section [
53A-15-1803
] 
53F-5-502
;
and
(C) the outcome based measures adopted by the board under Section [
53A-15-1803
]
53F-5-502
;
(v) program will address a need, determined by data, in the LEA or community;
(vi) has a strong evaluation plan that will clearly measure the success of the LEA's
program against the stated goals and objectives;
(vii) has a list of signatures of key stakeholders and partners who are committed to
implementing the program;
(viii) has the capacity, qualifications, local governing body support, and time to
successfully implement this program;
(ix) has an intentional and feasible scope of work to implement the program;
(x) will align the LEA's budget as necessary with the planning process; and
(xi) will communicate and promote the plan with parents, teachers, and members of the
community.
(b) The board may adopt other requirements in addition to the requirements in
Subsection (2)(a).
(3) A program under this section may include:
(a) a waiver, subject to Section [
53A-15-1807
] 
53F-5-506
, of required school hours
attended or traditional school calendar scheduling; and
(b) an adjustment of educator compensation to reflect the implementation of a waiver
under Subsection (3)(a).
Section 139. Section 
53F-5-505
, which is renumbered from Section 53A-15-1806 is
renumbered and amended to read:
[
53A-15-1806
].
 53F-5-505.
Expansion grants -- Requirements.
(1) (a) The board shall, subject to legislative appropriations and to expand an existing
LEA program schoolwide or districtwide, award a grant to, subject to Subsection (1)(c), an
LEA:
(i) that submits an expansion grant application that meets the requirements established
by the board, subject to Subsection (2);
(ii) if an LEA designee has attended the technical assistance training described in
Section [
53A-15-1803
] 
53F-5-502
; and
(iii) if the LEA expansion grant application has been recommended by the review
committee.
(b) An LEA that receives a grant under Subsection (1)(a) shall expend the grant funds
no later than two calendar years after receiving the funds.
(c) An LEA is not eligible to receive an expansion grant under this section unless the
board has previously awarded the LEA an implementation grant under Section [
53A-15-1805
]
53F-5-504
.
(2) (a) An expansion grant application shall include evidence that the LEA:
(i) has an established program that:
(A) has successfully met previous goals;
(B) has shown outcomes that are in alignment with the core principles described in
Section [
53A-15-1803
] 
53F-5-502
 and used methods, as applicable, described in Section
[
53A-15-1803
] 
53F-5-502
;
(C) is supported by LEA management and leadership;
(D) is suitable for expansion schoolwide or districtwide; and
(E) is the program, with any necessary modifications, that the LEA plans to expand if
awarded the expansion grant;
(ii) can logically articulate the LEA's program mission, theory of change, and the
program's intended goals and outcomes;
(iii) program as proposed for expansion is focused on:
(A) direct alignment with the core principles identified in Section [
53A-15-1803
]
53F-5-502
;
(B) use of the methods, as applicable, described in Section [
53A-15-1803
] 
53F-5-502
;
and
(C) the outcome based measures adopted by the board under Section [
53A-15-1803
]
53F-5-502
;
(iv) that the program will directly address a need, determined by data, in the LEA or
community;
(v) has clearly articulated core components that ensure, when expanded, the program
will yield positive outcomes;
(vi) has a strong evaluation plan that will clearly measure the success of the LEA's
program against the stated goals and objectives;
(vii) has a list of signatures of key stakeholders and partners who are committed to
expanding the program;
(viii) has the capacity, qualifications, local governing body support, and time to
successfully expand the program;
(ix) has an intentional and feasible scope of work to expand the program;
(x) has a strategic budget that is aligned with the LEA's scope of work; and
(xi) will communicate and promote the plan with parents, teachers, and members of the
community.
(b) The board may adopt other requirements in addition to the requirements in
Subsection (2)(a).
(3) A program under this section may include:
(a) a waiver, subject to Section [
53A-15-1807
] 
53F-5-506
, of required school hours
attended or traditional school calendar scheduling; and
(b) an adjustment of educator compensation to reflect the implementation of a waiver
under Subsection (3)(a).
Section 140. Section 
53F-5-506
, which is renumbered from Section 53A-15-1807 is
renumbered and amended to read:
[
53A-15-1807
].
 53F-5-506.
Waiver from board rule -- Board recommended
statutory changes.
(1) An LEA may apply to the board in a grant application submitted under this part for
a waiver of a board rule that inhibits or hinders the LEA from accomplishing its goals set out in
its grant application.
(2) The board may grant the waiver, unless:
(a) the waiver would cause the LEA to be in violation of state or federal law; or
(b) the waiver would threaten the health, safety, or welfare of students in the LEA.
(3) If the board denies the waiver, the board shall provide in writing the reason for the
denial to the waiver applicant.
(4) (a) The board shall request from each LEA that receives a grant under this part for
each year the LEA receives funds:
(i) information on a state statute that hinders an LEA from fully implementing the
LEA's program; and
(ii) suggested changes to the statute.
(b) The board shall, in a written report, provide any information received from an LEA
under Subsection (4)(a) and the board's recommendations to the Legislature no later than
November 30 of each year.
Section 141. Section 
53F-5-507
, which is renumbered from Section 53A-15-1808 is
renumbered and amended to read:
[
53A-15-1808
].
 53F-5-507.
Cooperation of institutions of higher education --
Transferring students not to be penalized.
(1) An institution of higher education:
(a) shall recognize and accept on equal footing as a traditional high school diploma a
high school diploma awarded to a student who successfully completes an educational program
that uses, in whole or in part, competency-based education; and
(b) cooperate with an LEA:
(i) as applicable, to facilitate the advancement of a student who attends a
competency-based education program; and
(ii) as requested, in the development of an LEA plan or program under this part.
(2) If a student attending an LEA that establishes competency-based education within
the LEA transfers to another school within the LEA or to another LEA entirely that does not
have a competency-based education program, the student may not be penalized by being
required to repeat course work that the student has successfully completed, changing the
student's grade, or receive any other penalty related to the student's previous attendance in the
competency-based education program.
Section 142. Section 
53F-5-601
, which is renumbered from Section 53A-31-402 is
renumbered and amended to read:
Part 6. American Indian and Alaskan Native Education State Plan Pilot Program
[
53A-31-402
].
 53F-5-601.
Definitions.
(1) The terms defined in Section 
53E-10-401
 apply to this section.
(2)
 As used in this part:
[
(1)
] 
(a)
 "American Indian and Alaskan Native concentrated school" means a school
where at least 29% of its students are American Indian or Alaskan Native.
[
(2)
] 
(b)
 "Board" means the State Board of Education.
[
(3)
] 
(c)
 "Teacher" means an individual employed by a school district or charter school
who is required to hold an educator license issued by the board and who has an assignment to
teach in a classroom.
Section 143. Section 
53F-5-602
, which is renumbered from Section 53A-31-403 is
renumbered and amended to read:
[
53A-31-403
].
 53F-5-602.
Pilot programs created.
(1) (a) [
Beginning
] 
In addition to the state plan described in Title 53E, Chapter 10, Part
4, American Indian-Alaskan Native Education State Plan, beginning
 with fiscal year
2016-2017, there is created a five-year pilot program administered by the board to provide
grants targeted to address the needs of American Indian and Alaskan Native students.
(b) The pilot program shall consist of a grant program to school districts and charter
schools to be used to fund stipends, recruitment, retention, and professional development of
teachers who teach in American Indian and Alaskan Native concentrated schools.
(2) (a) Beginning with fiscal year 2017-2018, there is created a four-year pilot program
administered by the board to provide grants targeted to address the needs of American Indian
and Alaskan Native students.
(b) The pilot program shall consist of a grant program to school districts and charter
schools to be used to fund stipends, recruitment, retention, and professional development of
teachers who teach in American Indian and Alaskan Native concentrated schools.
(c) In determining grant recipients under this Subsection (2), the board shall give
priority to American Indian and Alaskan Native concentrated schools located in a county of the
fourth, fifth, or sixth class with significant populations of American Indians and Alaskan
Natives.
(3) Up to 3% of the money appropriated to a grant program under this part may be used
by the board for costs in implementing the pilot program.
Section 144. Section 
53F-5-603
, which is renumbered from Section 53A-31-404 is
renumbered and amended to read:
[
53A-31-404
].
 53F-5-603.
Grant program to school districts and charter
schools.
(1) From money appropriated to the grant program, the board shall distribute grant
money on a competitive basis to a school district or charter school that applies for a grant and:
(a) (i) has within the school district one or more American Indian and Alaskan Native
concentrated schools; or
(ii) is an American Indian and Alaskan Native concentrated school; and
(b) has a program to fund stipends, recruitment, retention, and professional
development of teachers who teach at American Indian and Alaskan Native concentrated
schools.
(2) The grant money distributed under this section may only be expended to fund a
program described in Subsection (1)(b).
(3) (a) If a school district or charter school obtains a grant under this section, by no
later than two years from the date the school district or charter school obtains the grant, the
board shall review the implementation of the program described in Subsection (1)(b) to
determine whether:
(i) the program is effective in addressing the need to retain teachers at American Indian
and Alaskan Native concentrated schools; and
(ii) the money is being spent for a purpose not covered by the program described in
Subsection (1)(b).
(b) If the board determines that the program is not effective or that the money is being
spent for a purpose not covered by the program described in Subsection (1)(b), the board may
terminate the grant money being distributed to the school district or charter school.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board may make rules providing:
(a) criteria for evaluating grant applications; and
(b) procedures for:
(i) a school district to apply to the board to receive grant money under this section; and
(ii) the review of the use of grant money described in Subsection (3).
(5) The grant money is intended to supplement and not replace existing money
supporting American Indian and Alaskan Native concentrated schools.
Section 145. Section 
53F-5-604
, which is renumbered from Section 53A-31-405 is
renumbered and amended to read:
[
53A-31-405
].
 53F-5-604.
Reporting -- Meeting.
(1) The liaison shall annually report to the Native American Legislative Liaison
Committee during the term of a pilot program under this part regarding:
(a) what entities receive a grant under this part;
(b) the effectiveness of the expenditures of grant money; and
(c) recommendations, if any, for additional legislative action.
(2) The Native American Legislative Liaison Committee shall annually schedule at
least one meeting at which education is discussed with selected stakeholders.
Section 146. Section 
53F-6-101
 is enacted to read:
CHAPTER 6. STATE FUNDING -- PROGRAMS ADMINISTERED
 BY OTHER AGENCIES
Part 1. General Provisions
 53F-6-101.
Title.
This chapter is known as "State Funding -- Programs Administered by Other Agencies."
Section 147. Section 
53F-6-102
 is enacted to read:
 53F-6-102.
Definitions.
Reserved
Section 148. Section 
53F-6-201
, which is renumbered from Section 53A-13-106.5 is
renumbered and amended to read:
Part 2. Miscellaneous Programs
[
53A-13-106.5
].
 53F-6-201.
Firearm Safety and Violence Prevention Pilot
Program.
(1) As used in this section:
(a) "District school" means a public school under the control of a local school board
elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
Boards.
(b) "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle, or short
barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a
projectile by action of an explosive.
(c) "Pilot program" means the Firearm Safety and Violence Prevention Pilot Program
created under Subsection (2).
(2) There is created a Firearm Safety and Violence Prevention Pilot Program to provide
instruction that a public school may offer to a student in any of grades 5 through 12 on:
(a) firearm safety, including:
(i) developing the knowledge, habits, skills, and attitudes necessary for the safe
handling of firearms; and
(ii) teaching a student that to avoid injury when the student finds a firearm the student
should:
(A) not touch the firearm;
(B) tell an adult about finding the firearm and the location of the firearm; and
(C) share the information described in Subsection (2)(a)(ii)(A) and (B) with any other
minors who are with the student when the student finds the firearm; and
(b) what to do if the student becomes aware of a threat against the school.
(3) The instruction described in Subsection (2):
(a) may be delivered:
(i) in a public school using live instruction or a video or online materials; or
(ii) at home using a video or online materials; and
(b) shall be neutral of political statements on guns.
(4) The Office of the Attorney General, in collaboration with the State Board of
Education, shall select one or more providers, through the standard procurement process or an
exception to the standard procurement process as described in Title 63G, Chapter 6a, Utah
Procurement Code, to supply materials and curriculum for the pilot program.
(5) (a) A district school or charter school may participate in the pilot program, subject
to approval by the district school's local school board or charter school's charter school
governing board.
(b) A district school or charter school that chooses to participate in the pilot program:
(i) shall use the materials and curriculum supplied by the provider selected under
Subsection (4);
(ii) may permit the following to provide instruction on a voluntary basis:
(A) the Division of Wildlife Resources;
(B) a local law enforcement agency;
(C) a peace officer, as defined in Section 
53-13-102
; or
(D) another certified firearms safety instructor, as defined in rules made by the State
Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act; and
(iii) shall ensure that a firearm is not used in providing the instruction.
(c) A student may not be given the instruction described in Subsection (2) unless the
student's parent or legal guardian has given prior written consent.
(6) The Office of the Attorney General, in collaboration with the State Board of
Education, shall evaluate the pilot program and report to the Law Enforcement and Criminal
Justice Interim Committee on or before December 1, 2018.
Section 149. Section 
53F-6-202
, which is renumbered from Section 53A-1-709 is
renumbered and amended to read:
[
53A-1-709
].
 53F-6-202.
Smart School Technology Program.
(1) As used in this section, "program" means the Smart School Technology Program.
(2) The Smart School Technology Program is created to encourage the deployment of
whole-school one-to-one mobile device technology in public schools.
(3) The Board of Business and Economic Development with input from an
independent evaluating committee, shall issue a request for proposals for the development and
implementation of a whole-school one-to-one mobile device technology deployment plan for
schools.
(4) From recommendations submitted by an independent evaluating committee, the
Board of Business and Economic Development shall select a single education technology
provider with integrated whole-school technology deployment experience through the request
for proposals process.
(5) (a) An independent evaluating committee shall be established to:
(i) advise the Board of Business and Economic Development in issuing a request for
proposals under Subsection (3);
(ii) evaluate proposals submitted through a request for proposals issued under
Subsection (3); and
(iii) advise the State Board of Education on selecting schools to participate in the
program.
(b) The membership of the independent evaluating committee shall include:
(i) three members of the State Board of Education appointed by the chair of the State
Board of Education;
(ii) the state chief information officer;
(iii) two members appointed by the executive director of the Governor's Office of
Economic Development; and
(iv) the governor's education director.
(c) The independent evaluating committee shall evaluate a proposal on:
(i) a provider's experience with integrated whole-school technology deployment; and
(ii) the components of a whole-school technology deployment plan.
(6) An educational technology provider selected under Subsection (4) shall develop a
customized whole-school one-to-one mobile device technology deployment plan for each
school participating in the program.
(7) The whole-school technology deployment plan shall be based on submitted
proposals to the committee and may include the following components:
(a) a personal mobile learning device for each student;
(b) desktop or laptop computers for each classroom;
(c) peripherals and networking equipment, including a wireless network that is not
self-interfering;
(d) wireless audio equipment in each classroom;
(e) digital projectors or televisions with wireless device mirroring technology;
(f) on and off campus Internet filtering;
(g) operating software for the technology system, including software that connects
personal mobile learning devices among students and a teacher to facilitate classroom
interaction;
(h) curriculum and instructional software purchase credits per device to be used toward
improving student outcomes with respect to the core standards for Utah public schools and
skill building on the use of technology;
(i) device repair and replacement criteria;
(j) professional development for educators and technology specialists on:
(i) the operation and use of the technology equipment; and
(ii) accessing and using online content; and
(k) ongoing technical support.
(8) (a) A school within a school district, with the approval of the local school board, or
a charter school, may submit an application to the State Board of Education to participate in the
program.
(b) With input from the independent evaluating committee established under
Subsection (5), the State Board of Education shall select schools to participate in the program.
(c) In selecting schools, the State Board of Education shall seek to include in the
program schools:
(i) from different regions of the state;
(ii) from urban and rural areas;
(iii) with a variety of economic and demographic characteristics; and
(iv) with documented technology implementation plans, including a plan for the use of:
(A) instructional software that improves student outcomes with respect to the core
standards for Utah public schools; and
(B) software that provides students with skill building on the use of technology.
(d) The State Board of Education shall make rules:
(i) specifying procedures and criteria to be used for selecting schools that may
participate in the program; and
(ii) requiring selected schools to provide matching funds to participate in the program.
(9) (a) The State Board of Education, in collaboration with the education technology
provider and the schools participating in the program, shall evaluate the program and submit a
report on the evaluation to the Governor's Office of Economic Development and the Education
Interim Committee by the committee's October meetings in 2013 and 2014.
(b) The State Board of Education may contract with an independent evaluator to
conduct the evaluation required in Subsection (9)(a).
(c) The evaluation shall be based on the following criteria:
(i) technology system functionality;
(ii) school level outcomes;
(iii) teacher instruction and outcomes; and
(iv) student engagement and outcomes.
Section 150. Section 
53F-6-301
, which is renumbered from Section 53A-1b-102 is
renumbered and amended to read:
Part 3. School Readiness Initiative
[
53A-1b-102
].
 53F-6-301.
Definitions.
As used in this part:
(1) "Board" means the School Readiness Board, created in Section [
53A-1b-103
]
53F-6-302
.
(2) "Economically disadvantaged" means a student who:
(a) is eligible to receive free lunch;
(b) is eligible to receive reduced price lunch; or
(c) (i) is not otherwise accounted for in Subsection (2)(a) or (b); and
(ii) (A) is enrolled in a Provision 2 or Provision 3 school, as defined by the United
States Department of Agriculture;
(B) has a Declaration of Household Income on file;
(C) is eligible for a fee waiver; or
(D) is enrolled at a school that does not offer a lunch program and is a sibling of a
student accounted for in Subsection (2)(a) or (b).
(3) "Eligible home-based educational technology provider" means a provider that
intends to offer a home-based educational technology program.
(4) "Eligible LEA" means an LEA that has a data system capacity to collect
longitudinal academic outcome data, including special education use by student, by identifying
each student with a statewide unique student identifier.
(5) (a) "Eligible private provider" means a child care program that:
(i) (A) except as provided in Subsection (5)(b), is licensed under Title 26, Chapter 39,
Utah Child Care Licensing Act; or
(B) is exempt from licensure under Section 
26-39-403
; and
(ii) meets other criteria as established by the board, consistent with Utah Constitution,
Article X, Section 1.
(b) "Eligible private provider" does not include residential child care, as defined in
Section 
26-39-102
.
(6) "Eligible student" means a student who is economically disadvantaged.
(7) "Local Education Agency" or "LEA" means a school district or charter school.
(8) "Performance outcome measure" means a cost avoidance in special education use
for a student at-risk for later special education placement in kindergarten through grade 12 who
receives preschool education funded pursuant to a results-based school readiness contract.
(9) (a) "Private entity" means a private investor or investors that enter into a
results-based school readiness contract.
(b) "Private entity" includes an authorized representative of the private investor or
investors.
(10) "Results-based school readiness contract" means a contract entered into by the
board, a private entity, and a provider of early childhood education that may result in
repayment to a private entity if certain performance outcome measures are achieved.
(11) "Student at-risk for later special education placement" means a preschool student
who, at preschool entry, scores at or below two standard deviations below the mean on the
assessment selected by the board under Section [
53A-1b-110
] 
53F-6-309
.
Section 151. Section 
53F-6-302
, which is renumbered from Section 53A-1b-103 is
renumbered and amended to read:
[
53A-1b-103
].
 53F-6-302.
Establishment of the School Readiness Board --
Membership.
(1) There is created a School Readiness Board within the Governor's Office of
Management and Budget composed of:
(a) the director of the Department of Workforces Services or the director's designee;
(b) one member appointed by the State Board of Education;
(c) one member appointed by the chair of the State Charter School Board;
(d) one member appointed by the speaker of the House of Representatives; and
(e) one member appointed by the president of the Senate.
(2) (a) A member described in Subsections (1)(c), (d), and (e) shall serve for a term of
two years.
(b) If a vacancy occurs for a member described in Subsection (1)(c), (d), or (e), the
person appointing the member shall appoint a replacement to serve the remainder of the
member's term.
(3) A member may not receive compensation or benefits for the member's service.
(4) Upon request, the Governor's Office of Management and Budget shall provide staff
support to the board.
(5) (a) The board members shall elect a chair of the board from the board's
membership.
(b) The board shall meet upon the call of the chair or a majority of the board members.
Section 152. Section 
53F-6-303
 is enacted to read:
 53F-6-303.
School Readiness Restricted Account.
As described in Section 
53F-9-402
, the School Readiness Restricted Account provides
funding for this part.
Section 153. Section 
53F-6-304
, which is renumbered from Section 53A-1b-105 is
renumbered and amended to read:
[
53A-1b-105
].
 53F-6-304.
Elements of a high quality school readiness
program.
(1) A high quality school readiness program run by an eligible LEA or eligible private
provider shall include the following components:
(a) an evidence-based curriculum that is aligned with all of the developmental domains
and academic content areas defined in the Utah Early Childhood Standards adopted by the
State Board of Education, and incorporates intentional and differentiated instruction in whole
group, small group, and child-directed learning, including the following academic content
areas:
(i) oral language and listening comprehension;
(ii) phonological awareness and prereading;
(iii) alphabet and word knowledge;
(iv) prewriting;
(v) book knowledge and print awareness;
(vi) numeracy;
(vii) creative arts;
(viii) science and technology; and
(ix) social studies, health, and safety;
(b) ongoing, focused, and intensive professional development for staff of the school
readiness program;
(c) ongoing assessment of a student's educational growth and developmental progress
to inform instruction;
(d) a pre- and post-assessment of each student whose parent or legal guardian consents
to the assessment that, for a school readiness program receiving funding under this part, is
selected by the board in accordance with Section [
53A-1b-110
] 
53F-6-309
;
(e) for a preschool program run by an eligible LEA, a class size that does not exceed 20
students, with one adult for every 10 students in the class;
(f) ongoing program evaluation and data collection to monitor program goal
achievement and implementation of required program components;
(g) family engagement, including ongoing communication between home and school,
and parent education opportunities based on each family's circumstances;
(h) for a preschool program run by an eligible LEA, each teacher having at least
obtained:
(i) the minimum standard of a child development associate certification; or
(ii) an associate or bachelor's degree in an early childhood education related field; and
(i) for a preschool program run by an eligible private provider, by a teacher's second
year, each teacher having at least obtained:
(i) the minimum standard of a child development associate certification; or
(ii) an associate or bachelor's degree in an early childhood education related field.
(2) A high quality school readiness program run by a home-based educational
technology provider shall:
(a) be an evidence-based and age appropriate individualized interactive instruction
assessment and feedback technology program that teaches eligible students early learning skills
needed to be successful upon entry into kindergarten;
(b) require regular parental engagement with the student in the student's use of the
home-based educational technology program;
(c) be aligned with the Utah early childhood core standards;
(d) require the administration of a pre- and post-assessment of each student whose
parent or legal guardian consents to the assessment that, for a home-based technology program
that receives funding under this part, is designated by the board in accordance with Section
[
53A-1b-110
] 
53F-6-309
; and
(e) require technology providers to ensure successful implementation and utilization of
the technology program.
Section 154. Section 
53F-6-305
, which is renumbered from Section 53A-1b-106 is
renumbered and amended to read:
[
53A-1b-106
].
 53F-6-305.
High Quality School Readiness Grant Program.
(1) The High Quality School Readiness Grant Program is created to provide grants to
the following, in order to upgrade an existing preschool or home-based technology program to
a high quality school readiness program:
(a) an eligible private provider;
(b) an eligible LEA; or
(c) an eligible home-based educational technology provider.
(2) The State Board of Education shall:
(a) solicit proposals from eligible LEAs; and
(b) make recommendations to the board to award grants to respondents based on
criteria described in Subsection (5).
(3) The Department of Workforce Services shall:
(a) solicit proposals from eligible private providers and eligible home-based
educational technology providers; and
(b) make recommendations to the board to award grants to respondents based on
criteria described in Subsection (5).
(4) Subject to legislative appropriations, the board shall award grants to respondents
based on:
(a) the recommendations of the State Board of Education;
(b) the recommendations of the Department of Workforce Services; and
(c) the criteria described in Subsection (5).
(5) (a) In awarding a grant under Subsection (4), the State Board of Education,
Department of Workforce Services, and the board shall consider:
(i) a respondent's capacity to effectively implement the components described in
Section [
53A-1b-105
] 
53F-6-304
;
(ii) the percentage of a respondent's students who are economically disadvantaged; and
(iii) the level of administrative support and leadership at a respondent's program to
effectively implement, monitor, and evaluate the program.
(b) The board may not award a grant to an LEA without obtaining approval from the
State Board of Education to award the grant to the LEA.
(6) To receive a grant under this section, a respondent that is an eligible LEA shall
submit a proposal to the State Board of Education detailing:
(a) the respondent's strategy to implement the high quality components described in
Subsection [
53A-1b-105
] 
53F-6-304
(1);
(b) the number of students the respondent plans to serve, categorized by age and
economically disadvantaged status;
(c) the number of high quality preschool classrooms the respondent plans to operate;
and
(d) the estimated cost per student.
(7) To receive a grant under this section, a respondent that is an eligible private
provider or an eligible home-based educational technology provider shall submit a proposal to
the Department of Workforce Services detailing:
(a) the respondent's strategy to implement the high quality components described in
Section [
53A-1b-105
] 
53F-6-304
;
(b) the number of students the respondent plans to serve, categorized by age and
economically disadvantaged status;
(c) for a respondent that is an eligible private provider, the number of high quality
preschool classrooms the respondent plans to operate; and
(d) the estimated cost per student.
(8) All recipients of grants under this section shall establish a preschool or home-based
educational technology program with the components described in Section [
53A-1b-105
]
53F-6-304
.
(9) (a) A grant recipient shall allow classroom or other visits by an independent
evaluator chosen by the board in accordance with Section [
53A-1b-110
] 
53F-6-309
.
(b) The independent evaluator shall:
(i) determine whether a grant recipient has effectively implemented the components
described in Section [
53A-1b-105
] 
53F-6-304
; and
(ii) report the independent evaluator's findings to the board.
(10) (a) A grant recipient that is an eligible LEA shall assign a statewide unique
student identifier to each eligible student funded pursuant to a grant received under this section.
(b) A grant recipient that is an eligible private provider or an eligible home-based
educational technology provider shall work in conjunction with the State Board of Education to
assign a statewide unique student identifier to each eligible student funded pursuant to a grant
received under this section.
(11) A grant recipient that is an LEA shall report annually to the board and the State
Board of Education the following:
(a) number of students served by the preschool, reported by economically
disadvantaged status;
(b) attendance;
(c) cost per student; and
(d) assessment results.
(12) A grant recipient that is an eligible private provider or an eligible home-based
educational technology provider shall report annually to the board and the Department of
Workforce Services the following:
(a) number of students served by the preschool or program, reported by economically
disadvantaged status;
(b) attendance;
(c) cost per student; and
(d) assessment results.
(13) The State Board of Education and the Department of Workforce Services shall
make rules to effectively administer and monitor the High Quality School Readiness Grant
Program, including:
(a) requiring grant recipients to use the pre- and post-assessment selected by the board
in accordance with Section [
53A-1b-110
] 
53F-6-309
; and
(b) establishing reporting requirements for grant recipients.
(14) At the request of the board, the State Board of Education and the Department of
Workforce Services shall annually share the information received from grant recipients
described in Subsections (11) and (12) with the board.
Section 155. Section 
53F-6-306
, which is renumbered from Section 53A-1b-107 is
renumbered and amended to read:
[
53A-1b-107
].
 53F-6-306.
High quality preschool programs for eligible
LEAs.
(1) To receive funding pursuant to a results-based contract awarded under Section
[
53A-1b-110
] 
53F-6-309
, an eligible LEA shall establish or currently operate a high quality
preschool with the components described in Subsection [
53A-1b-105
] 
53F-6-304
(1).
(2) An eligible LEA shall assign a statewide unique student identifier to each eligible
student funded pursuant to a results-based contract issued under this part.
(3) An eligible LEA may not use funds awarded pursuant to a results-based contract to
supplant funds for an existing high quality preschool program, but may use the funds to
supplement an existing high quality preschool program.
(4) If permitted under Title 1 of the No Child Left Behind Act of 2001, 20 U.S.C. Sec.
6301-6578, an LEA may charge a sliding scale fee to a student participating in a high quality
preschool program under this section, based on household income.
(5) An LEA that receives funds under this section shall report annually to the board the
de-identified information described in Section [
53A-1b-111
] 
53F-6-310
.
(6) (a) An eligible LEA may contract with an eligible private provider to provide the
high quality preschool program to a portion of the LEA's eligible students funded by a
results-based contract.
(b) The board shall determine in a results-based contract the portion of an LEA's
eligible students funded by the results-based contract to be served by an eligible private
provider.
(7) To receive funding pursuant to a results-based contract, an eligible private provider
shall:
(a) offer a preschool program that contains the components described in Subsection
[
53A-1b-105
] 
53F-6-304
(1);
(b) allow classroom visits by the evaluator chosen in accordance with Section
[
53A-1b-110
] 
53F-6-309
 and the private entity, to ensure the components described in this
section are implemented;
(c) allow the evaluator chosen in accordance with Section [
53A-1b-110
] 
53F-6-309
 to
administer the required pre- and post-assessments to eligible students funded under this part;
and
(d) report the information described in Section [
53A-1b-111
] 
53F-6-310
 to the board
and the contracting LEA.
(8) An LEA may provide the eligible private provider with:
(a) professional development;
(b) staffing or staff support;
(c) materials; and
(d) assessments.
(9) (a) If permitted under Title 1 of the No Child Left Behind Act of 2001, 20 U.S.C.
Sec. 6301-6578, an eligible private provider may charge a sliding scale fee to a student
participating in a high quality preschool program under this section, based on household
income.
(b) The eligible private provider may use grants, scholarships, or other funds to help
fund the preschool program.
(10) A contractual partnership established under Subsection (6) shall be consistent with
Utah Constitution, Article X, Section 1.
(11) The evaluator selected pursuant to Section [
53A-1b-110
] 
53F-6-309
 shall annually
evaluate:
(a) the quality and outcomes of the high quality preschool program funded by a
results-based contract between a private entity and the board, including:
(i) adherence to required components described in Subsection [
53A-1b-105
]
53F-6-304
(1); and
(ii) the pre- and post-assessment results of the assessment, designated by the board
under Section [
53A-1b-110
] 
53F-6-309
, of eligible students in the high quality preschool
program; and
(b) whether the performance outcome measures set in the results-based contract have
been met, using de-identified data reported in Section [
53A-1b-111
] 
53F-6-310
.
Section 156. Section 
53F-6-307
, which is renumbered from Section 53A-1b-108 is
renumbered and amended to read:
[
53A-1b-108
].
 53F-6-307.
High quality preschool programs for eligible
private providers.
(1) To receive funding pursuant to a results-based contract awarded under Section
[
53A-1b-110
] 
53F-6-309
, an eligible private provider shall:
(a) establish or currently operate a high quality preschool with the components
described in Subsection [
53A-1b-105
] 
53F-6-304
(1);
(b) allow classroom visits by the evaluator chosen in accordance with Section
[
53A-1b-110
] 
53F-6-309
 and the private entity, to ensure the components described in
Subsection [
53A-1b-105
] 
53F-6-304
(1) are being implemented; and
(c) allow the evaluator chosen in accordance with Section [
53A-1b-110
] 
53F-6-309
 to
administer the required pre- and post-assessments to eligible students funded under this part.
(2) An eligible private provider shall work in conjunction with the State Board of
Education to assign a statewide unique student identifier to each eligible student funded
pursuant to a results-based contract.
(3) An eligible private provider may not use funds awarded pursuant to a results-based
contract to supplant funds for an existing high quality preschool program, but may use the
funds to supplement an existing high quality preschool program.
(4) (a) If permitted under Title 1 of the No Child Left Behind Act of 2001, 20 U.S.C.
Sec. 6301-6578, an eligible private provider may charge a sliding scale fee to a student
participating in a high quality preschool program under this section, based on household
income.
(b) The eligible private provider may use grants, scholarships, or other funds to help
fund the preschool program.
(5) An eligible private provider that receives funds under this section shall report
annually to the board the de-identified information described in Section [
53A-1b-111
]
53F-6-310
.
(6) The State Board of Education shall annually share with the board aggregated
longitudinal data on eligible students currently receiving funding under this section and any
eligible students who previously received funding under this section, including:
(a) academic achievement outcomes;
(b) special education use; and
(c) English language learner services.
(7) The evaluator selected pursuant to Section [
53A-1b-110
] 
53F-6-309
 shall annually
evaluate:
(a) the quality and outcomes of a high quality preschool program funded by a
results-based contract between a private entity and the board, including:
(i) adherence to required components described in Subsection [
53A-1b-105
]
53F-6-304
(1); and
(ii) the pre- and post-assessment results of the assessment, designated by the board
under Section [
53A-1b-110
] 
53F-6-309
, of eligible students in the high quality preschool
program; and
(b) whether the performance outcome measures set in the results-based contract have
been met, using de-identified or aggregated data reported in Subsections (5) and (6).
Section 157. Section 
53F-6-308
, which is renumbered from Section 53A-1b-109 is
renumbered and amended to read:
[
53A-1b-109
].
 53F-6-308.
Home-based educational technology for school
readiness.
(1) To receive funding pursuant to a results-based contract awarded under Section
[
53A-1b-110
] 
53F-6-309
, an eligible home-based educational technology provider shall
administer a home-based educational technology program designed to prepare eligible students
for kindergarten.
(2) An eligible home-based educational technology provider described in Subsection
(1) shall establish or currently operate a high quality school readiness program with the
components described in Subsection [
53A-1b-105
] 
53F-6-304
(2).
(3) An eligible home-based educational technology provider shall work in conjunction
with the State Board of Education to assign a statewide unique student identifier to each
eligible student funded pursuant to a results-based contract.
(4) An eligible home-based educational technology provider that receives funds under
this section shall report annually to the board the following de-identified information for
eligible students funded in whole or in part pursuant to a results-based contract:
(a) number of eligible students served by the home-based educational technology
program, reported by economically disadvantaged status and English language learner status;
(b) average time, and range of time usage, an eligible student spent using the program
per week;
(c) cost per eligible student;
(d) assessment results of the pre- and post-assessments selected by the board; and
(e) number of eligible students served by the home-based educational technology
program who participated in any other public or private preschool program, including the type
of preschool attended.
(5) The State Board of Education shall annually share with the board aggregated
longitudinal data on eligible students currently receiving funding under this section and any
eligible students who previously received funding under this section, including:
(a) academic achievement outcomes;
(b) special education use; and
(c) English language learner services.
(6) The evaluator selected pursuant to Section [
53A-1b-110
] 
53F-6-309
 shall annually
evaluate:
(a) the quality and outcomes of a home-based educational technology program funded
by a results-based contract between a private entity and the board, including the pre- and
post-assessment results, on the assessment designated by the board under Section
[
53A-1b-110
] 
53F-6-309
, of eligible students in the program; and
(b) whether the performance outcome measures set in the results-based contract have
been met, using de-identified or aggregated data reported in Subsections (4) and (5).
Section 158. Section 
53F-6-309
, which is renumbered from Section 53A-1b-110 is
renumbered and amended to read:
[
53A-1b-110
].
 53F-6-309.
Results-based school readiness contracts -- Board
duties -- Independent evaluator.
(1) (a) The board may negotiate and enter into a results-based contract with a private
entity, selected through a competitive process, to fund:
(i) a high quality preschool program described in Section [
53A-1b-107
] 
53F-6-306
;
(ii) a high quality preschool program described in Section [
53A-1b-108
] 
53F-6-307
; or
(iii) a home-based education technology program described in Section [
53A-1b-109
]
53F-6-308
.
(b) The board may not issue a results-based contract if the total outstanding obligations
of results-based contracts issued by the board under this part would exceed $15,000,000 at any
one time.
(c) The board may provide for a repayment to a private entity to include a return of
investment and an additional return on investment, dependent on achievement of specific
performance outcome measures set in the results-based contract.
(d) The additional return on investment described in Subsection (1)(c) may not exceed
5% above the current Municipal Market Data General Obligation Bond AAA scale for a 10
year maturity at the time of the issuance of the results-based school readiness contract.
(e) Funding obtained for an early education program under this part is not a
procurement item under Section 
63G-6a-103
.
(2) A contract shall include:
(a) a requirement that the repayment to the private entity be conditioned on specific
performance outcome measures set in the results-based contract;
(b) a requirement for an independent evaluator to determine whether the performance
outcomes have been achieved;
(c) a provision that repayment to the private entity is:
(i) based upon available money in the School Readiness Restricted Account; and
(ii) subject to legislative appropriation; and
(d) that the private entity is not eligible to receive or view any personally identifiable
student data of students funded through a results-based contract.
(3) The board shall select an independent, nationally recognized early childhood
education evaluator, selected through a request for proposals process, to annually evaluate:
(a) performance outcome measures set in a results-based contract of the board; and
(b) a High Quality School Readiness Grant Program recipient's program.
(4) The board shall select a uniform assessment of age-appropriate cognitive or
language skills that:
(a) is nationally norm-referenced;
(b) has established reliability;
(c) has established validity with other similar measures and with later school outcomes;
and
(d) has strong psychometric characteristics.
(5) (a) At the end of each year of a results-based contract after a student funded through
a results-based contract completes kindergarten, the independent evaluator shall determine
whether the performance outcome measures set in the results-based contract have been met.
(b) If the independent evaluator determines under Subsection (5)(a) that the
performance outcome measures have been met, the board may pay the private entity according
to the terms of the results-based contract.
(6) (a) The board shall ensure that a parent or guardian of an eligible student
participating in a program funded pursuant to a results-based contract has given permission and
signed an acknowledgment that the student's data may be shared with an independent evaluator
for research and evaluation purposes.
(b) The board shall maintain documentation of parental permission required in
Subsection (6)(a).
Section 159. Section 
53F-6-310
, which is renumbered from Section 53A-1b-111 is
renumbered and amended to read:
[
53A-1b-111
].
 53F-6-310.
Reporting requirements for recipients of a
results-based school readiness contract -- Reporting requirements for the School
Readiness Board.
(1) An eligible LEA, eligible private provider, or eligible home-based educational
technology provider that receives funds pursuant to a results-based contract under this part
shall report annually to the board the following de-identified information for eligible students
funded in whole or in part pursuant to a results-based contract:
(a) number of eligible students served by the recipient's preschool or home-based
educational technology program, reported by economically disadvantaged status and English
language learner status;
(b) attendance;
(c) cost per eligible student;
(d) assessment results of the pre- and post-assessments selected by the board; and
(e) aggregated longitudinal data on eligible students currently receiving funding under
this part and any eligible students who previously received funding under this part, including:
(i) academic achievement outcomes;
(ii) special education use; and
(iii) English language learner services.
(2) For each year of a results-based contract, the board shall report to the Education
Interim Committee the following:
(a) information collected under Subsection (1) for each participating LEA, private
provider, and home-based educational technology provider; and
(b) the terms of the results-based contract, including:
(i) the name of each private entity and funding source;
(ii) the amount of money each private entity has invested;
(iii) the performance outcome measures set in the results-based contract by which
repayment will be determined; and
(iv) the repayment schedule to the private entity if the performance outcomes are met.
Section 160. Section 
53F-7-101
 is enacted to read:
CHAPTER 7. STATE FUNDING -- EDUCATION ADMINISTRATION
Part 1. General Provisions
 53F-7-101.
Title.
This chapter is known as "State Funding -- Education Administration."
Section 161. Section 
53F-7-102
 is enacted to read:
 53F-7-102.
Definitions.
Reserved
Section 162. Section 
53F-7-201
, which is renumbered from Section 53A-13-206 is
renumbered and amended to read:
[
53A-13-206
].
 53F-7-201.
Appropriations from Automobile Driver
Education Tax Account.
There is appropriated to the State Board of Education from the Automobile Driver
Education Tax Account, annually, all money in the account, in excess of the expense of
administering the collection of the tax, for use and distribution in the administration and
maintenance of driver education classes and programs with respect to classes offered in the
school district and the establishment of experimental programs, including the purchasing of
equipment, by the board.
Section 163. Section 
53F-7-301
 is enacted to read:
Part 3. Utah Schools for the Deaf and the Blind
 53F-7-301.
Annual salary adjustments for Utah Schools for the Deaf and the
Blind educators -- Legislative appropriation.
Subject to future budget constraints, the Legislature shall annually appropriate money to
the board for the salary adjustments described in Section 
53E-8-302
, including step and lane
changes.
Section 164. Section 
53F-8-101
 is enacted to read:
CHAPTER 8. LOCAL FUNDING
Part 1. General Provisions
 53F-8-101.
Title.
This chapter is known as "Local Funding."
Section 165. Section 
53F-8-102
 is enacted to read:
 53F-8-102.
Definitions.
Reserved
Section 166. Section 
53F-8-201
, which is renumbered from Section 53A-16-106 is
renumbered and amended to read:
Part 2. General Tax Provisions
[
53A-16-106
].
 53F-8-201.
Annual certification of tax rate proposed by local
school board -- Inclusion of school district budget -- Modified filing date.
(1) Prior to June 22 of each year, each local school board shall certify to the county
legislative body in which the district is located, on forms prescribed by the State Tax
Commission, the proposed tax rate approved by the local school board.
(2) A copy of the district's budget, including items under Section [
53A-19-101
]
53G-7-302
, and a certified copy of the local school board's resolution which approved the
budget and set the tax rate for the subsequent school year beginning July 1 shall accompany the
tax rate.
(3) If the tax rate approved by the board is in excess of the certified tax rate, as defined
in Section 
59-2-924
, the date for filing the tax rate and budget adopted by the board shall be
that established under Section 
59-2-919
.
Section 167. Section 
53F-8-202
, which is renumbered from Section 53A-16-108 is
renumbered and amended to read:
[
53A-16-108
].
 53F-8-202.
Levy of tax -- Collection and deposit.
(1) After the valuation of property has been extended on the assessment rolls, the
county legislative body shall levy a tax on the taxable property in the respective school districts
at the rate submitted by each local school board under Section [
53A-16-106
] 
53F-8-201
.
(2) These taxes shall be collected by the county officers in the same manner as other
taxes are collected.
(3) The county treasurer shall pay the tax revenues to the respective district's business
administrator who shall hold the tax revenue subject to the order of the local school board.
Section 168. Section 
53F-8-203
, which is renumbered from Section 53A-16-109 is
renumbered and amended to read:
[
53A-16-109
].
 53F-8-203.
Payment out of tax money by county treasurer.
(1) Each county treasurer shall pay the appropriate proportionate share of delinquent
taxes, together with interest and costs on all tax sales, to each affected school district.
(2) The treasurer shall make payment as quickly as possible after collection or
realization.
Section 169. Section 
53F-8-301
, which is renumbered from Section 53A-17a-133 is
renumbered and amended to read:
Part 3. Local Levies
[
53A-17a-133
].
 53F-8-301.
State-supported voted local levy authorized --
Election requirements -- 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.
]
(1) The terms defined in Section 
53F-2-102
 apply to this section.
(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)
] 
(8) and (9)
 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 
in
accordance with Section 
53F-2-601
 the first year, a school district 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)
] 
Section 
53F-2-601
 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 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 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)
] 
(4)
 (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 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 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
local school board to continue imposing an existing voted local levy previously authorized by
the voters as a voted leeway program.
[
(6)
] 
(5)
 Notwithstanding Section 
59-2-919
, a 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)
] 
(8) and (9)
 on or after January 1,
2003; and
(ii) within the four-year period immediately preceding the year in which the 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 local school board complies with the requirements of Subsection
[
(8)
] 
(7)
.
[
(7)
] 
(6)
 Notwithstanding Section 
59-2-919
, a 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 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)
] 
(8) and (9)
 on or after January 1,
2003; and
(ii) within the four-year period immediately preceding the year in which the 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 local school board complies with requirements of Subsection [
(8)
]
(7)
.
[
(8)
] 
(7)
 For purposes of Subsection [
(6)
] 
(5)
(b) or [
(7)
] 
(6)
(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 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)
] 
(8)
 (a) Before a local school board may impose a property tax levy pursuant to
this section, a 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)
] 
(8)
 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)
] 
(8)
(a) and (b), beginning on
or after January 1, 2012, a local school board may levy a tax rate in accordance with this
section without complying with the requirements of Subsections [
(9)
] 
(8)
(a) and (b) if the 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)
] 
(9)
 If a 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)
] 
(8)
, the local school board may impose the
tax rate.
Section 170. Section 
53F-8-302
, which is renumbered from Section 53A-17a-164 is
renumbered and amended to read:
[
53A-17a-164
].
 53F-8-302.
Board local levy.
(1) The terms defined in Section 
53F-2-102
 apply to this section.
[
(1)
] 
(2)
 Subject to the other requirements of this section, for a calendar year beginning
on or after January 1, 2012, a local school board may levy a tax to fund the school district's
general fund.
[
(2)
] 
(3)
 (a) For purposes of this Subsection [
(2)
] 
(3)
, "combined rate" means the sum
of:
(i) the rate imposed by a local school board under Subsection [
(1)
] 
(2)
; and
(ii) the charter school levy rate, described in Section [
53A-1a-513.1
] 
53F-2-703
, for the
local school board's school district. 
(b) Except as provided in Subsection [
(2)
] 
(3)
(c), beginning on January 1, 2017, a
school district's combined rate may not exceed .0018 per dollar of taxable value in any calendar
year.
(c) Beginning on January 1, 2017, a school district's combined rate may not exceed
.0025 per dollar of taxable value in any calendar year if, during the calendar year beginning on
January 1, 2011, the school district's total tax rate for the following levies was greater than
.0018 per dollar of taxable value:
(i) a recreation levy imposed under Section 
11-2-7
;
(ii) a transportation levy imposed under Section [
53A-17a-127
] 
53F-8-403
;
(iii) a board-authorized levy imposed under Section [
53A-17a-134
] 
53F-8-404
;
(iv) an impact aid levy imposed under Section [
53A-17a-143
] 
53F-2-515
;
(v) the portion of a 10% of basic levy imposed under Section [
53A-17a-145
]
53F-8-405
 that is budgeted for purposes other than capital outlay or debt service;
(vi) a reading levy imposed under Section [
53A-17a-151
] 
53F-8-406
; and
(vii) a tort liability levy imposed under Section 
63G-7-704
.
[
(3) (a)
] 
(4)
 In addition to the revenue a school district collects from the imposition of a
levy pursuant to this section, the state shall contribute an amount [
sufficient to guarantee that
each .0001 of the first .0004 per dollar of taxable value generates an amount equal to the state
guarantee per weighted pupil unit described in Subsection 
53A-17a-133
(4)
] 
as described in
Section 
53F-2-602
.
[
(b) (i) The amount of state guarantee money to which a school district would
otherwise be entitled to under this Subsection (3) may not be reduced for the sole reason that
the 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 (3)(b)(i) applies for a period of five years following any changes in the
certified tax rate.
]
[
(4)
] 
(5)
 (a) For a calendar year beginning on or after January 1, 2017, the State Tax
Commission shall adjust a board local levy rate imposed by a local school board under this
section by the amount necessary to offset the change in revenues from the charter school levy
imposed under Section [
53A-1a-513.1
] 
53F-2-703
.
(b) A local school board is not required to comply with the notice and public hearing
requirements of Section 
59-2-919
 for an offset described in Subsection [
(4)
] 
(5)
(a) to the
change in revenues from the charter school levy imposed under Section [
53A-1a-513.1
]
53F-2-703
.
(c) A local school board may not increase a board local levy rate under this section
before December 31, 2016, if the local school board did not give public notice on or before
March 4, 2016, of the local school board's intent to increase the board local levy rate.
(d) So long as the charter school levy rate does not exceed 25% of the charter school
levy per district revenues, a local school board may not increase a board local levy rate under
this section if the purpose of increasing the board local levy rate is to capture the revenues
assigned to the charter school levy through the adjustment in a board local levy rate under
Subsection [
(4)
] 
(5)
(a).
(e) Before a local school board takes action to increase a board local levy rate under
this section, the local school board shall:
(i) prepare a written statement that attests that the local school board is in compliance
with Subsection [
(4)
] 
(5)
(d);
(ii) read the statement described in Subsection [
(4)
] 
(5)
(e)(i) during a local school
board public meeting where the local school board discusses increasing the board local levy
rate; and
(iii) send a copy of the statement described in Subsection [
(4)
] 
(5)
(e)(i) to the State Tax
Commission. 
Section 171. Section 
53F-8-303
, which is renumbered from Section 53A-16-113 is
renumbered and amended to read:
[
53A-16-113
].
 53F-8-303.
Capital local levy -- First class county required
levy -- Allowable uses of collected revenue.
(1) (a) Subject to the other requirements of this section, a local school board may levy a
tax to fund the school district's capital projects.
(b) A tax rate imposed by a school district pursuant to this section may not exceed
.0030 per dollar of taxable value in any calendar year.
(2) A school district that imposes a capital local levy in the calendar year beginning on
January 1, 2012, is exempt from the public notice and hearing requirements of Section
59-2-919
 if the school district budgets an amount of ad valorem property tax revenue equal to
or less than the sum of the following amounts:
(a) the amount of revenue generated during the calendar year beginning on January 1,
2011, from the sum of the following levies of a school district:
(i) a capital outlay levy imposed under Section [
53A-16-107
] 
53F-8-401
; and
(ii) the portion of the 10% of basic levy described in Section [
53A-17a-145
] 
53F-8-405
that is budgeted for debt service or capital outlay; and
(b) revenue from eligible new growth as defined in Section 
59-2-924
.
(3) (a) Subject to Subsections (3)(b), (c), and (d), for fiscal year 2013-14, a local school
board may utilize the proceeds of a maximum of .0024 per dollar of taxable value of the local
school board's annual capital local levy for general fund purposes if the proceeds are not
committed or dedicated to pay debt service or bond payments.
(b) If a local school board uses the proceeds described in Subsection (3)(a) for general
fund purposes, the local school board shall notify the public of the local school board's use of
the capital local levy proceeds for general fund purposes:
(i) before the local school board's budget hearing in accordance with the notification
requirements described in Section [
53A-19-102
] 
53G-7-303
; and
(ii) at a budget hearing required in Section [
53A-19-102
] 
53G-7-303
.
(c) A local school board may not use the proceeds described in Subsection (3)(a) to
fund the following accounting function classifications as provided in the Financial Accounting
for Local and State School Systems guidelines developed by the National Center for Education
Statistics:
(i) 2300 Support Services - General District Administration; or
(ii) 2500 Support Services - Central Services.
Section 172. Section 
53F-8-401
, which is renumbered from Section 53A-16-107 is
renumbered and amended to read:
Part 4. Obsolete Tax Levies
[
53A-16-107
].
 53F-8-401.
Capital outlay levy -- Authority to use proceeds
of .0002 tax rate for maintenance of school facilities -- Restrictions and procedure --
Limited authority to use proceeds for general fund purposes -- Notification required
when using proceeds for general fund purposes -- Authority for small school districts to
use levy proceeds for operation and maintenance of plant services.
(1) Subject to Subsection (3) and except as provided in Subsections (2), (5), (6), and
(7), a local school board may annually impose a capital outlay levy not to exceed .0024 per
dollar of taxable value to be used for:
(a) capital outlay; or
(b) debt service.
(2) (a) A local school board with an enrollment of 2,500 students or more may utilize
the proceeds of a maximum of .0002 per dollar of taxable value of the local school board's
annual capital outlay levy for the maintenance of school facilities in the school district.
(b) A local school board that uses the option provided under Subsection (2)(a) shall:
(i) maintain the same level of expenditure for maintenance in the current year as it did
in the preceding year, plus the annual average percentage increase applied to the maintenance
and operation budget for the current year; and
(ii) identify the expenditure of capital outlay funds for maintenance by a district project
number to ensure that the funds are expended in the manner intended.
(c) The State Board of Education shall establish by rule the expenditure classification
for maintenance under this program using a standard classification system.
(3) Beginning January 1, 2009, and through the taxable year beginning January 1,
2011, in order to qualify for receipt of the state contribution toward the minimum school
program, a local school board in a county of the first class shall impose a capital outlay levy of
at least .0006 per dollar of taxable value.
(4) (a) The county treasurer of a county of the first class shall distribute revenues
generated by the .0006 portion of the capital outlay levy required in Subsection (3) to school
districts within the county in accordance with Section 
53A-16-114
.
(b) (i) Except as provided in Subsection (4)(b)(ii), if a school district in a county of the
first class imposes a capital outlay levy pursuant to this section which exceeds .0006 per dollar
of taxable value, the county treasurer of a county of the first class shall distribute revenues
generated by the portion of the capital outlay levy which exceeds .0006 to the school district
imposing the levy.
(ii) If a new district and a remaining district are required to impose property tax levies
pursuant to Subsection [
53A-2-118.4
] 
53G-3-304
(2), the county treasurer shall distribute
revenues of the new district or remaining district generated by the portion of a capital outlay
levy that exceeds .0006 in accordance with Section [
53A-2-118.4
] 
53G-3-304
.
(5) (a) Notwithstanding Subsections (1)(a) and (b) and subject to Subsections (5)(b),
(c), and (d), for fiscal years 2010-11 and 2011-12, a local school board may use the proceeds of
the local school board's capital outlay levy for general fund purposes if the proceeds are not
committed or dedicated to pay debt service or bond payments.
(b) If a local school board uses the proceeds described in Subsection (5)(a) for general
fund purposes, the local school board shall notify the public of the local school board's use of
the capital outlay levy proceeds for general fund purposes:
(i) prior to the board's budget hearing in accordance with the notification requirements
described in Section [
53A-19-102
] 
53G-7-303
; and
(ii) at a budget hearing required in Section [
53A-19-102
] 
53G-7-303
.
(c) A local school board may not use the proceeds described in Subsection (5)(a) to
fund the following accounting function classifications as provided in the Financial Accounting
for Local and State School Systems guidelines developed by the National Center for Education
Statistics:
(i) 2300 Support Services - General District Administration; or
(ii) 2500 Support Services - Central Services.
(d) A local school board may not use the proceeds from a distribution described in
Section 
53A-16-114
 for general fund purposes.
(6) (a) In addition to the uses described in Subsection (1), a local school board of a
school district with an enrollment of fewer than 2,500 students, may use the proceeds of the
local school board's capital outlay levy, in fiscal years 2011-12, 2012-13, and 2013-14, for
expenditures made within the accounting function classification 2600, Operation and
Maintenance of Plant Services, of the Financial Accounting for Local and State School
Systems guidelines developed by the National Center for Education Statistics, excluding
expenditures for mobile phone service and vehicle operation and maintenance.
(b) If a local school board of a school district with an enrollment of fewer than 2,500
students uses the proceeds of a capital outlay levy for the operation and maintenance of plant
services as described in Subsection (6)(a), the local school board shall notify the public of the
local school board's use of the capital outlay levy proceeds for operation and maintenance of
plant services:
(i) prior to the board's budget hearing in accordance with the notification requirements
described in Section [
53A-19-102
] 
53G-7-303
; and
(ii) at a budget hearing required in Section [
53A-19-102
] 
53G-7-303
.
(7) Beginning January 1, 2012, a local school board may not levy a tax in accordance
with this section.
Section 173. Section 
53F-8-402
, which is renumbered from Section 53A-16-110 is
renumbered and amended to read:
[
53A-16-110
].
 53F-8-402.
Special tax to buy school building sites, build and
furnish schoolhouses, or improve school property.
(1) (a) Except as provided in Subsection (6), a local school board may, by following
the process for special elections established in Sections 
20A-1-203
 and 
20A-1-204
, call a
special election to determine whether a special property tax should be levied for one or more
years to buy building sites, build and furnish schoolhouses, or improve the school property
under its control.
(b) The tax may not exceed .2% of the taxable value of all taxable property in the
district in any one year.
(2) The board shall give reasonable notice of the election and follow the same
procedure used in elections for the issuance of bonds.
(3) If a majority of those voting on the proposition vote in favor of the tax, it is levied
in addition to a levy authorized under Section [
53A-17a-145
] 
53F-8-405
 and computed on the
valuation of the county assessment roll for that year.
(4) (a) Within 20 days after the election, the board shall certify the amount of the
approved tax to the governing body of the county in which the school district is located.
(b) The governing body shall acknowledge receipt of the certification and levy and
collect the special tax.
(c) It shall then distribute the collected taxes to the business administrator of the school
district at the end of each calendar month.
(5) The special tax becomes due and delinquent and attaches to and becomes a lien on
real and personal property at the same time as state and county taxes.
(6) Notwithstanding Subsections (3) and (4), beginning January 1, 2012, a local school
board may not levy a tax in accordance with this section.
Section 174. Section 
53F-8-403
 is enacted to read:
 53F-8-403.
School transportation levy.
(1) Except as provided in Subsection (5), a local school board may provide for the
transportation of students regardless of the distance from school, from a tax rate not to exceed
.0003 per dollar of taxable value levied by the local school board.
(2) A local school board may use revenue from the tax described in Subsection (1) to
pay for transporting students and for the replacement of school buses.
(3) (a) If a local school board levies a tax under Subsection (1) 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.
(b) The State Board of Education's employees shall distribute the state contribution
according to rules enacted by the State Board of Education.
(4) (a) The amount of state guarantee money that a school district would otherwise be
entitled to receive under Subsection (3) 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.
(b) Subsection (4)(a) applies for a period of two years following the change in the
certified tax rate.
(5) Beginning January 1, 2012, a local school board may not impose a tax in
accordance with this section.
(6) The terms defined in Section 
53F-2-102
 apply to this section.
Section 175. Section 
53F-8-404
, which is renumbered from Section 53A-17a-134 is
renumbered and amended to read:
[
53A-17a-134
].
 53F-8-404.
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, 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 local school board may not use the money for other school purposes under
Subsection (1)(b) until the local school board has certified in writing that 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 of Education has approved 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)
] 
Section 
53F-2-601
.
(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 levy is in effect, unless the levy
was approved by voters pursuant to Subsections (4) through (6); or
(ii) the portion of a board-authorized 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
] 
53F-8-301
, but is a board-authorized component of
the total tax rate under that section.
(4) As an exception to Section [
53A-17a-133
] 
53F-8-301
, 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 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
] 
53F-8-301
.
(b) A board-authorized 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.
(10) The terms defined in Section 
53F-2-102
 apply to this section.
Section 176. Section 
53F-8-405
, which is renumbered from Section 53A-17a-145 is
renumbered and amended to read:
[
53A-17a-145
].
 53F-8-405.
Additional levy by local school board for debt
service, school sites, buildings, buses, textbooks, and supplies.
(1) Except as provided in Subsection (5), a local school board may elect to increase 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 board may not:
(a) levy a tax rate in accordance with this section; or
(b) increase its tax rate as described in Subsection (1).
(6) The terms defined in Section 
53F-2-102
 apply to this section.
Section 177. Section 
53F-8-406
, which is renumbered from Section 53A-17a-151 is
renumbered and amended to read:
[
53A-17a-151
].
 53F-8-406.
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
] 
53F-2-503
.
(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 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.
(5) The terms defined in Section 
53F-2-102
 apply to this section.
Section 178. Section 
53F-9-101
 is enacted to read:
CHAPTER 9. FUNDS AND ACCOUNTS
Part 1. General Provisions
 53F-9-101.
Title.
This chapter is known as "Funds and Accounts."
Section 179. Section 
53F-9-102
 is enacted to read:
 53F-9-102.
Definitions.
Reserved
Section 180. Section 
53F-9-201
, which is renumbered from Section 53A-16-101 is
renumbered and amended to read:
Part 2. Uniform School Fund
[
53A-16-101
].
 53F-9-201.
Uniform School Fund -- Contents -- Trust
Distribution Account.
(1) The Uniform School Fund, a special revenue fund within the Education Fund,
established by Utah Constitution, Article X, Section 5, consists of:
(a) distributions derived from the investment of money in the permanent State School
Fund established by Utah Constitution, Article X, Section 5;
(b) money transferred to the fund pursuant to Title 67, Chapter 4a, 
Revised Uniform
Unclaimed Property Act; and
(c) all other constitutional or legislative allocations to the fund, including revenues
received by donation.
(2) (a) There is created within the Uniform School Fund a restricted account known as
the Trust Distribution Account.
(b) The Trust Distribution Account consists of the average of:
(i) 4% of the average market value of the permanent State School Fund based on an
annual review each July of the past 12 consecutive quarters; and
(ii) the prior year's distribution from the Trust Distribution Account as described in
Section [
53A-16-101.5
] 
53F-2-404
, increased by prior year changes in the percentage of
student enrollment growth and in the consumer price index.
(3) Notwithstanding Subsection (2)(b), the distribution may not exceed 4% of the
average market value of the permanent State School Fund over the past 12 consecutive
quarters.
(4) The School and Institutional Trust Fund Board of Trustees created in Section
53D-1-301
 shall:
(a) annually review distribution of the Trust Distribution Account; and
(b) make recommendations, if necessary, to the Legislature for changes to the formula
described in Subsection (2)(b).
(5) (a) Upon appropriation by the Legislature, the director of the School and
Institutional Trust Fund Office created in Section 
53D-1-201
 shall place in the Trust
Distribution Account funds for:
(i) the administration of the School LAND Trust Program as provided in Section
[
53A-16-101.5
] 
53F-2-404
;
(ii) the performance of duties described in Section [
53A-16-101.6
] 
53E-3-514
;
(iii) the School and Institutional Trust Fund Office; and
(iv) the School and Institutional Trust Fund Board of Trustees created in Section
53D-1-301
.
(b) The Legislature may appropriate any remaining balance for the support of the
public education system.
Section 181. Section 
53F-9-202
, which is renumbered from Section 53A-16-103 is
renumbered and amended to read:
[
53A-16-103
].
 53F-9-202.
Duty of Division of Finance -- Apportionment of
fund by state board -- Certification of apportionments.
(1) The Division of Finance shall give the state superintendent, upon request, a written
accounting of the current balance in the Uniform School Fund.
(2) The State Board of Education shall apportion the fund among the several school
districts.
(3) The state superintendent shall certify the apportionments to the Division of Finance
and draws warrants on the state treasurer in favor of the school districts.
Section 182. Section 
53F-9-203
, which is renumbered from Section 53A-1a-522 is
renumbered and amended to read:
[
53A-1a-522
].
 53F-9-203.
Charter School Revolving Account.
(1) (a) The terms defined in Section 
53G-5-102
 apply to this section.
[
(1)
] 
(b)
 As used in this section, "account" means the Charter School Revolving
Account.
(2) (a) There is created within the Uniform School Fund a restricted account known as
the "Charter School Revolving Account" to provide assistance to charter schools to:
(i) meet school building construction and renovation needs; and
(ii) pay for expenses related to the start up of a new charter school or the expansion of
an existing charter school.
(b) The State Board of Education, in consultation with the State Charter School Board,
shall administer the Charter School Revolving Account in accordance with rules adopted by the
State Board of Education.
(3) The Charter School Revolving Account shall consist of:
(a) money appropriated to the account by the Legislature;
(b) money received from the repayment of loans made from the account; and
(c) interest earned on money in the account.
(4) The state superintendent of public instruction shall make loans to charter schools
from the account to pay for the costs of:
(a) planning expenses;
(b) constructing or renovating charter school buildings;
(c) equipment and supplies; or
(d) other start-up or expansion expenses.
(5) Loans to new charter schools or charter schools with urgent facility needs may be
given priority.
(6) (a) The State Board of Education shall establish a committee to:
(i) review requests by charter schools for loans under this section; and
(ii) make recommendations regarding approval or disapproval of the loan applications
to the State Charter School Board and the State Board of Education.
(b) (i) A committee established under Subsection (6)(a) shall include individuals who
have expertise or experience in finance, real estate, or charter school administration.
(ii) Of the members appointed to a committee established under Subsection (6)(a):
(A) one member shall be nominated by the governor; and
(B) the remaining members shall be selected from a list of nominees submitted by the
State Charter School Board.
(c) If the committee recommends approval of a loan application under Subsection
(6)(a)(ii), the committee's recommendation shall include:
(i) the recommended amount of the loan;
(ii) the payback schedule; and
(iii) the interest rate to be charged.
(d) A committee member may not:
(i) be a relative, as defined in Section [
53A-1a-518
] 
53G-5-409
, of a loan applicant; or
(ii) have a pecuniary interest, directly or indirectly, with a loan applicant or any person
or entity that contracts with a loan applicant.
(7) A loan under this section may not be made unless the State Board of Education, in
consultation with the State Charter School Board, approves the loan.
(8) The term of a loan to a charter school under this section may not exceed five years.
(9) The State Board of Education may not approve loans to charter schools under this
section that exceed a total of $2,000,000 in any fiscal year.
(10) (a) On March 16, 2011, the assets of the Charter School Building Subaccount
administered by the State Board of Education shall be deposited into the Charter School
Revolving Account.
(b) Beginning on March 16, 2011, loan payments for loans made from the Charter
School Building Subaccount shall be deposited into the Charter School Revolving Account.
Section 183. Section 
53F-9-204
, which is renumbered from Section 53A-16-112 is
renumbered and amended to read:
[
53A-16-112
].
 53F-9-204.
Growth in Student Population Restricted
Account.
(1) There is created within the Uniform School Fund a restricted account known as the
"Growth in Student Population Restricted Account."
(2) The account shall be funded from the following revenue sources:
(a) any voluntary contributions received to help alleviate the anticipated surge in
student growth in public elementary and secondary schools during the early part of the 21st
Century; and
(b) appropriations made to the fund by the Legislature.
(3) The account shall be used to help school districts meet the challenges created by
anticipated significant increases in student growth in the state's public schools.
(4) (a) The account shall earn interest.
(b) All interest earned on account money shall be deposited in the account.
Section 184. Section 
53F-9-205
, which is renumbered from Section 53A-16-115 is
renumbered and amended to read:
[
53A-16-115
].
 53F-9-205.
Invest More for Education Account.
(1) There is created within the Uniform School Fund a restricted account known as the
Invest More for Education Account.
(2) The account shall be funded by contributions deposited into the restricted account
in accordance with Section 
59-10-1318
.
(3) The account shall earn interest.
(4) Interest earned on the account shall be deposited into the account.
(5) The Legislature may appropriate money from the account for the support of the
public education system.
Section 185. Section 
53F-9-206
, which is renumbered from Section 53A-21-401 is
renumbered and amended to read:
[
53A-21-401
].
 53F-9-206.
School Building Revolving Account -- Access to
the account.
(1) (a) There is created within the Uniform School Fund a restricted account known as
the "School Building Revolving Account" to provide short-term help to school districts to meet
district needs for school building construction and renovation.
(b) The state superintendent of public instruction shall administer the School Building
Revolving Account in accordance with 
Chapter 3, State Funding -- Capital Outlay Programs,
and
 rules adopted by the State Board of Education.
(2) The State Board of Education may not allocate funds from the School Building
Revolving Account that exceed a school district's bonding limit minus its outstanding bonds.
(3) In order to receive money from the School Building Revolving Account, a school
district shall:
(a) levy a combined capital levy rate of at least .0024;
(b) contract with the state superintendent of public instruction to repay the money, with
interest at a rate established by the state superintendent, within five years of receipt, using
future state capital outlay allocations, local revenues, or both;
(c) levy sufficient ad valorem taxes under Section 
11-14-310
 to guarantee annual loan
repayments, unless the state superintendent of public instruction alters the payment schedule to
improve a hardship situation; and
(d) meet any other condition established by the State Board of Education pertinent to
the loan.
(4) (a) The state superintendent shall establish a committee, including representatives
from state and local education entities, to:
(i) review requests by school districts for loans under this section; and
(ii) make recommendations regarding approval or disapproval of the loan applications
to the state superintendent.
(b) If the committee recommends approval of a loan application under Subsection
(4)(a)(ii), the committee's recommendation shall include:
(i) the recommended amount of the loan;
(ii) the payback schedule; and
(iii) the interest rate to be charged.
Section 186. Section 
53F-9-301
, which is renumbered from Section 53A-1a-513.2 is
renumbered and amended to read:
Part 3. Education Fund
[
53A-1a-513.2
].
 53F-9-301.
Charter School Levy Account.
(1) (a) The terms defined in Section 
53G-5-102
 apply to this section.
[
(1)
] 
(b)
 As used in this section, "account" means the Charter School Levy Account
created in this section.
(2) There is created within the Education Fund a restricted account known as the
"Charter School Levy Account."
(3) The account shall be funded by amounts deposited into the account in accordance
with Section [
53A-1a-513.1
] 
53F-2-703
.
(4) Upon appropriation from the Legislature, the State Board of Education shall
distribute funds from the account as described in Section [
53A-1a-513.1
] 
53F-2-703
.
(5) The account shall earn interest.
(6) Interest earned on the account shall be deposited into the account.
(7) Funds in the account are nonlapsing.
Section 187. Section 
53F-9-302
, which is renumbered from Section 53A-17a-135.1 is
renumbered and amended to read:
[
53A-17a-135.1
].
 53F-9-302.
Minimum Basic Growth Account.
(1) As used in this section, "account" means the Minimum Basic Growth Account
created in this section.
(2) There is created within the Education Fund a restricted account known as the
"Minimum Basic Growth Account."
(3) The account shall be funded by amounts deposited into the account in accordance
with Section [
53A-17a-135
] 
53F-2-301
.
(4) The account shall earn interest.
(5) Interest earned on the account shall be deposited into the account.
(6) Upon appropriation by the Legislature:
(a) 75% of the money from the account shall be used to fund the state's contribution to
the voted levy guarantee described in [
Subsection 
53A-17a-133
(4)
] 
Section 
53F-2-601
;
(b) 20% of the money from the account shall be used to fund the Capital Outlay
Foundation Program as provided in [
Title 53A, Chapter 21, Part 2, Capital Outlay Foundation
Program
] 
Section 
53F-3-203
; and
(c) 5% of the money from the account shall be used to fund the Capital Outlay
Enrollment Growth Program as provided in [
Title 53A, Chapter 21, Part 3, Capital Outlay
Enrollment Growth Program
] 
Section 
53F-3-203
.
Section 188. Section 
53F-9-303
, which is renumbered from Section 53A-20b-301 is
renumbered and amended to read:
[
53A-20b-301
].
 53F-9-303.
Charter School Reserve Account.
(1) The terms defined in Section 
53G-5-601
 apply to this section.
[
(1)
] 
(2)
 There is created within the Education Fund a restricted account known as the
"Charter School Reserve Account."
[
(2)
] 
(3)
 The reserve account consists of:
(a) money credited to the account pursuant to Section [
53A-20b-202
] 
53G-5-607
;
(b) money appropriated to the account by the Legislature;
(c) all income and interest derived from the deposit and investment of money in the
account;
(d) federal grants; and
(e) private donations.
[
(3)
] 
(4)
 Money in the reserve account may be appropriated by the Legislature to:
(a) restore amounts on deposit in a debt service reserve fund of a qualifying charter
school to the debt service reserve fund requirement;
(b) pay fees and expenses of the authority;
(c) pay the principal of and interest on bonds issued for a qualifying charter school; or
(d) otherwise provide financial assistance to a qualifying charter school.
Section 189. Section 
53F-9-304
, which is renumbered from Section 53A-13-114 is
renumbered and amended to read:
[
53A-13-114
].
 53F-9-304.
Underage Drinking Prevention Program
Restricted Account.
(1) As used in this section, "account" means the Underage Drinking Prevention
Program Restricted Account created in this section.
(2) There is created within the Education Fund a restricted account known as the
"Underage Drinking Prevention Program Restricted Account."
(3) (a) Before the Department of Alcoholic Beverage Control remits any portion of the
markup collected under Section 
32B-2-304
 to the State Tax Commission, the department shall
deposit into the account:
(i) for the fiscal year that begins July 1, 2017, $1,750,000; or
(ii) for each fiscal year that begins on or after July 1, 2018, an amount equal to the
amount that the department deposited into the account during the preceding fiscal year
increased or decreased by a percentage equal to the percentage difference between the
Consumer Price Index for the preceding calendar year and the Consumer Price Index for
calendar year 2017.
(b) For purposes of this Subsection (3), the department shall calculate the Consumer
Price Index in accordance with 26 U.S.C. Secs. 1(f)(4) and 1(f)(5).
(4) The account shall be funded:
(a) in accordance with Subsection (3);
(b) by appropriations made to the account by the Legislature; and
(c) by interest earned on money in the account.
(5) The State Board of Education shall use money in the account for the Underage
Drinking Prevention Program described in Section [
53A-13-113
] 
53G-10-406
.
Section 190. Section 
53F-9-401
, which is renumbered from Section 53A-1-304 is
renumbered and amended to read:
Part 4. General Fund
[
53A-1-304
].
 53F-9-401.
Autism Awareness Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Autism
Awareness Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 
41-1a-422
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the superintendent shall distribute funds in
the account to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) promote access to resources and responsible information for individuals of all ages
who have, or are affected by, autism or related conditions;
(c) is an independent organization that has representation from state agencies and
private providers serving individuals with autism spectrum disorder and their families in the
state;
(d) includes representation of:
(i) national and local autism advocacy groups, as available; and
(ii) interested parents and professionals; and
(e) does not endorse any specific treatment, therapy, or intervention used for autism.
(4) (a) An organization described in Subsection (3) may apply to the superintendent to
receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the superintendent in accordance
with Subsection (3) shall expend the distribution only to:
(i) pay for autism education and public awareness of programs and related services in
the state;
(ii) enhance programs designed to serve individuals with autism;
(iii) provide support to caregivers providing services for individuals with autism;
(iv) pay for academic scholarships and research efforts in the area of autism spectrum
disorder; and
(v) pay the costs of issuing or reordering Autism Awareness Support special group
license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education may make rules providing procedures for an organization to apply to
the superintendent to receive a distribution under Subsection (3).
Section 191. Section 
53F-9-402
, which is renumbered from Section 53A-1b-104 is
renumbered and amended to read:
[
53A-1b-104
].
 53F-9-402.
School Readiness Restricted Account -- Creation
-- Funding -- Distribution of funds.
(1) The terms defined in Section 
53F-6-301
 apply to this section.
[
(1)
] 
(2)
 There is created in the General Fund a restricted account known as the
"School Readiness Restricted Account" to fund:
(a) the High Quality School Readiness Grant Program described in Section
[
53A-1b-106
] 
53F-6-305
; and
(b) results-based school readiness contracts for eligible students to participate in:
(i) a high quality preschool program described in:
(A) Section [
53A-1b-107
] 
53F-6-306
; or
(B) Section [
53A-1b-108
] 
53F-6-307
; or
(ii) an eligible home-based educational technology program described in Section
[
53A-1b-109
] 
53F-6-308
.
[
(2)
] 
(3)
 The restricted account consists of:
(a) money appropriated to the restricted account by the Legislature;
(b) all income and interest derived from the deposit and investment of money in the
account;
(c) federal grants; and
(d) private donations.
[
(3)
] 
(4)
 Subject to legislative appropriations, money in the restricted account may be
used for the following purposes:
(a) to award grants under the High Quality School Readiness Grant Program described
in Section [
53A-1b-106
] 
53F-6-305
;
(b) to contract with an independent evaluator as required in Subsection [
53A-1b-110
]
53F-6-309
(3);
(c) in accordance with Section [
53A-1b-110
] 
53F-6-309
, to make payments to one or
more private entities that the board has entered into a results-based contract with if the
independent evaluator selected by the board determines that the performance-based results
have been met; and
(d) for administration costs and to monitor the programs described in this part.
Section 192. Section 
53F-9-501
, which is renumbered from Section 53A-15-207 is
renumbered and amended to read:
Part 5. Miscellaneous Revenue
[
53A-15-207
].
 53F-9-501.
Hospitality and Tourism Management Education
Account -- Uses -- Costs.
(1) There is created an expendable special revenue fund known as the "Hospitality and
Tourism Management Education Account," which the State Board of Education shall use to
fund the Hospitality and Tourism Management Career and Technical Education Pilot Program
created in Section [
53A-15-206
] 
53E-3-515
.
(2) The account consists of:
(a) distributions to the account under Section 
59-28-103
;
(b) interest earned on the account;
(c) appropriations made by the Legislature; and
(d) private donations, grants, gifts, bequests, or money made available from any other
source to implement [
this part
] 
Section 
53E-3-507
 or 
53E-3-515
.
(3) The State Board of Education shall administer the account.
(4) The cost of administering the account shall be paid from money in the account.
(5) Interest accrued from investment of money in the account shall remain in the
account.
Section 193. 
Repealer.
This bill repeals:
Section 
53A-1-1502
,
Definitions.
Section 
53A-1-1503
,
Digital teaching and learning program task force -- Funding
proposal for a program -- Master plan -- Reporting requirements.
Section 
53A-1-1504
,
Readiness assessments.
Section 
53A-1-1506
,
Implementation assessment -- Board intervention.
Section 
53A-1-1507
,
Procurement -- Independent evaluator.
Section 
53A-6-801
,
Definition.
Section 
53A-6-901
,
Grants for math teacher training programs.
Section 
53A-15-1201.5
,
Program name.
Section 
53A-15-2002
,
Definitions.
Section 
53A-17a-131.17
,
State contribution for School LAND Trust Program.
Section 
53A-21-201
,
Capital Outlay Foundation Program -- Creation --
Definitions.
Section 
53A-21-301
,
Capital Outlay Enrollment Growth Program -- Definitions.
Section 194. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 195. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, not enroll this bill if any of the following
bills do not pass:
(1) H.B. 10, Public Education Recodification - State System;
(2) S.B. 11, Public Education Recodification - Local System; or
(3) S.B. 12, Public Education Recodification - Cross References and Repeals.