Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 434 First Substitute (2020GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• amends provisions related to formulas for funding for necessarily existent small schools;
• creates a process to reimburse rural schools for expenses related to extracurricular activities approved by the State Board of Education; and
• makes technical changes.

Every vote on this bill

Bill text

FUNDING FOR NECESSARILY EXISTENT SMALL
SCHOOLS AND RURAL SCHOOLS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill amends provisions related to formulas for funding for necessarily existent
small schools and creates a process to reimburse rural schools for expenses related to
extracurricular activities.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends provisions related to formulas for funding for necessarily existent small
schools;
▸ creates a process to reimburse rural schools for expenses related to extracurricular
activities approved by the State Board of Education; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates:
▸ to State Board of Education -- Minimum School Program -- Related to Basic School
Programs, as an ongoing appropriation:
• from the Education Fund, $100,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53F-2-102
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-304
, as last amended by Laws of Utah 2019, Chapter 186
ENACTS:
53F-5-214
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-2-102
 is amended to read:
53F-2-102.
Definitions.
As used in this chapter:
(1) "Basic state-supported school program," "basic program," or "basic school
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 the enacted public education budget, except as otherwise provided in this chapter.
(2) "LEA governing board" means a local school board or charter school governing
board.
(3) "Pupil in average daily membership [
(ADM)
]" 
or "ADM"
 means a full-day
equivalent pupil.
(4) (a) "Minimum School Program" means the state-supported public school programs
for kindergarten, elementary, and secondary schools as described in this Subsection (4).
(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.
(c) (i) The state 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 an LEA governing board, shall receive full support by the state board as it
pertains to fulfilling the attendance requirements, excluding time spent viewing commercial
advertising.
(d) (i) An LEA governing board may reallocate up to 32 instructional hours or four
school days established under Subsection (4)(c) for teacher preparation time or teacher
professional development.
(ii) A reallocation of instructional hours or school days under Subsection (4)(d)(i) is
subject to the approval of two-thirds of the members of an LEA governing board voting in a
regularly scheduled meeting:
(A) at which a quorum of the LEA governing board is present; and
(B) held in compliance with Title 52, Chapter 4, Open and Public Meetings Act.
(iii) If an LEA governing board reallocates instructional hours or school days as
provided by this Subsection (4)(d), the school district or charter school shall notify students'
parents of the school calendar at least 90 days before the beginning of the school year.
(iv) Instructional hours or school days reallocated for teacher preparation time or
teacher professional development pursuant to this Subsection (4)(d) is considered part of a
school term referred to in Subsection (4)(b).
(e) The Minimum School Program includes a program or allocation funded by a line
item appropriation or other appropriation designated as follows:
(i) Basic School Program;
(ii) Related to Basic Programs;
(iii) Voted and Board Levy Programs; or
(iv) Minimum School Program.
(5) "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 2. Section 
53F-2-304
 is amended to read:
53F-2-304.
Necessarily existent small schools -- Computing additional weighted
pupil units -- Consolidation of small schools.
(1) As used in this section, "necessarily existent small schools funding balance" means
the difference between:
(a) the amount appropriated for the necessarily existent small schools program in a
fiscal year; and
(b) 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 state 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 state board rules adopted under Subsection (3).
(b) An application must be submitted to the state board before April 2, and the state
board must report a decision to a local school board before June 2.
(3) The state board shall adopt standards and make rules 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)
] 
(4)
 The state board shall prepare and publish objective standards and guidelines
for determining which small schools are necessarily existent after consultation with local
school boards.
[
(6)
] 
(5)
 (a) Additional weighted pupil units for schools classified as necessarily
existent small schools shall be computed using [
regression
] 
distribution
 formulas adopted by
the state board.
(b) The [
regression
] 
distribution
 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
] 
An elementary school
 with fewer than 10 students shall receive the same
add-on weighted pupil units as [
schools
] 
an elementary school
 with 10 students.
(d) A secondary school with fewer than 15 students shall receive the same add-on
weighted pupil units as a secondary school with 15 students.
(e) If a necessarily existent small school generates ADM in both elementary and
secondary grades, the state board may divide the school's ADM between an elementary and
secondary distribution formula.
[
(d)
] 
(f)
 The state board shall prepare and distribute an allocation table based on the
[
regression
] 
distribution
 formula to each school district.
[
(7)
] 
(6)
 (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)
] 
(7)
 Subject to legislative appropriation, the state board shall give first priority
from an appropriation made under this section to funding an expense approved by the state
board as described in Subsection 
53G-6-305
(3)(a).
[
(9)
] 
(8)
 (a) Subject to Subsection [
(9)
] 
(8)
(b) and after a distribution made under
Subsection [
(8)
] 
(7)
, the state board may distribute a portion of necessarily existent small
schools funding
:
(i)
 in accordance with a formula adopted by the state board that considers the tax effort
of a local school board[
.
]
; or
(ii) to isolated small schools, as identified by the state board.
(b) The amount distributed in accordance with Subsection [
(9)
] 
(8)
(a) may not exceed
the necessarily existent small schools fund in balance of the prior fiscal year.
[
(10)
] 
(9)
 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
state board.
Section 3. Section 
53F-5-214
 is enacted to read:
 53F-5-214.
Rural school extracurricular activities reimbursement.
(1) As used in this section:
(a) "Approved extracurricular activity" means an extracurricular activity as that term is
defined in Section 
53G-7-501
, that is approved by the state board in accordance with this
section.
(b) "Eligible LEA" means an LEA in a county of the fourth, fifth, or sixth class, as
defined in Section 
17-50-501
.
(c) "LEA governing board" means:
(i) the local school board of a school district that is an eligible LEA; or
(ii) the charter school governing board of a charter school that is an eligible LEA.
(2) (a) An LEA governing board may annually submit a request to the state board to
receive reimbursement for an expense related to an approved extracurricular activity incurred
by the eligible LEA, including transportation expenses.
(b) The state board may approve a request for reimbursement in accordance with
criteria established by the state board under Subsection (4).
(3) (a) Subject to appropriations of the Legislature for this purpose, and except as
provided in Subsection (3)(b), the state board shall reimburse an eligible LEA for expenses
related to an approved extracurricular activity in accordance with this section and rules made
by the state board under Subsection (4).
(b) If the appropriation of the Legislature for this section is insufficient to reimburse an
expense in a request received under Subsection (2), the state board may reduce an eligible
LEA's reimbursement in accordance with rules made by the state board under Subsection (4).
(4) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that establish:
(a) an approved extracurricular activity;
(b) requirements for information an LEA governing board shall submit in a request
described in Subsection (2);
(c) a deadline by which an LEA governing board shall submit a request described in
Subsection (2);
(d) critera for approving a request for reimbursement;
(e) a formula for reducing an eligible LEA's reimbursement under Subsection (3); and
(f) a process for distributing reimbursement to an eligible LEA.
(5) In making the rules described in Subsection (4)(a), the state board shall prioritize
extracurricular activities that promote heritage, arts, and cultural education.
Section 4. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To State Board of Education -- Minimum School Program -- Related to Basic School 
 Programs
From Education Fund, Ongoing
$100,000
Schedule of Programs:
Rural school extracurricular activities reimbursement $100,000
The Legislature intends that the State Board of Education use the appropriation
described in this section to reimburse an eligible local education agency for expenses related to
an approved extracurricular activity in accordance with Section 
53F-5-214
.