Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 5012 (2020S5)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 6/29/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides appropriations for the use and support of school districts, charter schools, and state education agencies;
• increases the value of the weighted pupil unit (WPU) by 1.8% over the value of the WPU for fiscal year 2020 to set the value at $3,596 for fiscal year 2021;
• repeals uncodified sections containing all appropriations and intent language in S.B. 2, Chapter 330, Laws of Utah 2020, General Session;
• repeals certain programs for which funding has been eliminated;
• amends and enacts provisions related to certain appropriations for public education, including:
• a requirement for a reading benchmark assessment;
• a requirement for a mathematics benchmark assessment;
• foreign exchange student weighted pupil units;
• small district base funding;
• small charter school base funding; and
• additional amounts related to state guaranteed local levy increments;
• makes technical and conforming changes; and
• provides intent language.

Every vote on this bill

Bill text

PUBLIC EDUCATION BUDGET AMENDMENTS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill supplements or reduces appropriations otherwise provided for the support and
operation of public education for the fiscal year beginning July 1, 2019, and ending
June 30, 2020, and for the fiscal year beginning July 1, 2020, and ending June 30, 2021.
Highlighted Provisions:
This bill:
▸ provides appropriations for the use and support of school districts, charter schools,
and state education agencies;
▸ increases the value of the weighted pupil unit (WPU) by 1.8% over the value of the
WPU for fiscal year 2020 to set the value at $3,596 for fiscal year 2021;
▸ repeals uncodified sections containing all appropriations and intent language in S.B.
2, Chapter 330, Laws of Utah 2020, General Session;
▸ repeals certain programs for which funding has been eliminated;
▸ amends and enacts provisions related to certain appropriations for public education,
including:
• a requirement for a reading benchmark assessment;
• a requirement for a mathematics benchmark assessment;
• foreign exchange student weighted pupil units;
• small district base funding;
• small charter school base funding; and
• additional amounts related to state guaranteed local levy increments;
▸ makes technical and conforming changes; and
▸ provides intent language.
Money Appropriated in this Bill:
This bill appropriates $3,820,200 in operating and capital budgets for fiscal year 2020,
all of which is from the Education Fund.
This bill appropriates $58,114,600 in operating and capital budgets for fiscal year 2021,
including:
▸ ($236,300) from the General Fund;
▸ ($45,511,600) from the Education Fund; and
▸ $100,862,500 from various sources as detailed in this bill.
This bill appropriates $34,050,000 in restricted fund and account transfers for fiscal 
year 2021, including:
▸ $32,300,000 from the Education Fund; and
▸ $1,750,000 from various sources as detailed in this bill.
This bill appropriates $213,000 in transfers to unrestricted funds for fiscal year 2021.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-4-307
, as last amended by Laws of Utah 2020, Chapter 355
53E-4-307.5
, as enacted by Laws of Utah 2020, Chapter 174
53F-2-203
, as last amended by Laws of Utah 2020, Chapter 359
53F-2-208
 (Contingently Effective 01/01/21)
, as enacted by Laws of Utah 2020,
Chapter 207
53F-2-301.5
 (Effective 07/01/20)
, as last amended by Laws of Utah 2020, Chapters
167 and 330
53F-2-303
, as last amended by Laws of Utah 2020, Chapter 408
53F-2-304
 (Effective 07/01/20)
, as last amended by Laws of Utah 2020, Chapters 224,
330, and 408
53F-2-601
, as last amended by Laws of Utah 2020, Chapter 364
53F-4-201
, as last amended by Laws of Utah 2020, Chapter 355
53G-6-204
, as last amended by Laws of Utah 2020, Chapter 20
ENACTS:
53F-2-706
, Utah Code Annotated 1953
REPEALS:
53F-2-306
 (Effective 07/01/20)
, as last amended by Laws of Utah 2020, Chapter 330
53F-2-309
, as last amended by Laws of Utah 2020, Chapter 408
53F-2-501
 (Superseded 07/01/20)
, as last amended by Laws of Utah 2019, Chapter
186
53F-2-501
 (Effective 07/01/20)
, as last amended by Laws of Utah 2020, Chapter 365
53F-2-505
, as last amended by Laws of Utah 2020, Chapter 359 and last amended by
Coordination Clause, Laws of Utah 2020, Chapter 359
53F-2-521
, as enacted by Laws of Utah 2019, Chapter 283
53F-5-216
, as enacted by Laws of Utah 2020, Chapter 224
Uncodified Material Affected:
REPEALS UNCODIFIED MATERIAL:
 Uncodified Section 11, Fiscal Year 2020 Appropriations, Laws of Utah 2020, Chapter
 Uncodified Section 11 (a), Operating and Capital Budgets, Laws of Utah 2020, Chapter
 Uncodified Section 12, Fiscal Year 2021 Appropriations, Laws of Utah 2020, Chapter
 Uncodified Section 12 (a), Operating and Capital Budgets, Laws of Utah 2020, Chapter
 Uncodified Section 12 (b), Restricted Fund and Account Transfers, Laws of Utah 2020,
Chapter 330
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-4-307
 is amended to read:
53E-4-307.
Benchmark assessments in reading -- Report to parent.
(1) As used in this section, "competency" means a demonstrable acquisition of a
specified knowledge, skill, or ability that has been organized into a hierarchical arrangement
leading to higher levels of knowledge, skill, or ability.
(2) The state board shall approve a benchmark assessment for use statewide by school
districts and charter schools to assess the reading competency of students in grades 1 through 6
as provided by this section.
(3) A school district or charter school shall:
(a) administer benchmark assessments to students in grades 1, 2, and 3 at the
beginning, middle, and end of the school year using the benchmark assessment approved by the
state board; and
(b) after administering a benchmark assessment, report the results to a student's parent.
(4) If a benchmark assessment or supplemental reading assessment indicates a student
lacks competency in a reading skill, or is lagging behind other students in the student's grade in
acquiring a reading skill, the school district or charter school shall:
(a) provide focused individualized intervention to develop the reading skill;
(b) administer formative assessments to measure the success of the focused
intervention;
(c) inform the student's parent of activities that the parent may engage in with the
student to assist the student in improving reading proficiency; and
(d) provide information to the parent regarding appropriate interventions available to
the student outside of the regular school day that may include tutoring, before and after school
programs, or summer school.
(5) 
(a)
 In accordance with Section 
53F-4-201
and except as provided in Subsection
(5)(b)
, the state board shall contract with one or more educational technology providers for a
benchmark assessment system for reading for students in kindergarten through grade 6.
(b) If revenue is insufficient for the benchmark assessment system for the grades
described in Subsection (5)(a), the state board shall first prioritize funding a benchmark
assessment for students in kindergarten through grade 3.
Section 2. Section 
53E-4-307.5
 is amended to read:
53E-4-307.5.
Mathematics benchmark assessment.
(1) As used in this section, "early mathematics benchmark assessment" or "benchmark
assessment" means a standardized assessment to measure the acquisition of mathematics skills
in kindergarten and grades 1 through 3 that includes predictive indicators of academic
achievement based on measures of early mathematics, computation, and problem solving.
(2) The state board [
shall
] 
may
 approve a benchmark assessment for use statewide by
LEAs to assess the mathematics competency of students in kindergarten and grades 1 through
3.
(3) [
An
] 
If the state board approves a benchmark assessment for statewide use under
Subsection (2), an
 LEA shall:
(a) administer benchmark assessments to students at the beginning, middle, and end of
the school year using the mathematics benchmark assessment in:
(i) kindergarten, as an optional assessment; and
(ii) grades 1 through 3, as a required assessment; and
(b) after administering a benchmark assessment described in Subsection (3)(a) to a
student, report the results to the student's parent.
(4) In making the approval described in Subsection (2), the state board shall:
(a) prioritize the assessment's reliability, validity, speed, and efficiency; and
(b) ensure the mathematics benchmark assessment's ability to:
(i) identify students who may be at risk for mathematics difficulties; and
(ii) measure students' progress through data.
Section 3. Section 
53F-2-203
 is amended to read:
53F-2-203.
Reduction of LEA governing 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) an appropriation for a state guaranteed local levy increment as described in Section
53F-2-601
; and
(b) the appropriation to charter schools to replace local property tax revenues pursuant
to Section 
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, after consultation with each LEA governing 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), an LEA governing 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) An LEA governing 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 
53F-2-405
;
(b) the Teacher Salary Supplement Program provided in Section 
53F-2-504
;
(c) the extended year for special educators provided in Section 
53F-2-310
;
[
(d) the Math and Science Opportunities for Students and Teachers Program provided
in Section 
53F-2-505
;
]
[
(e)
] 
(d)
 the School LAND Trust Program described in Sections 
53F-2-404
 and
53G-7-1206
; or
[
(f)
] 
(e)
 a special education program within the basic school program.
(6) An LEA governing board may not reallocate spending of funds distributed to the
school district or charter school to a reserve account.
(7) An LEA governing 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 as part of the school district or charter school's Annual Financial and Program report.
Section 4. Section 
53F-2-208 (Contingently Effective 01/01/21)
 is amended to read:
53F-2-208 (Contingently Effective 01/01/21).
Cost of adjustments for growth and
inflation.
(1) In accordance with Subsection (2), the Legislature shall annually determine:
(a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
to the following programs:
(i) education for youth in custody, described in Section 
53E-3-503
;
(ii) the Basic Program, described in Title 53F, Chapter 2, Part 3, Basic Program
(Weighted Pupil Units)[
, except for charter school administration described in Section
53F-2-306
];
(iii) the Adult Education Program, described in Section 
53F-2-401
;
(iv) state support of pupil transportation, described in Section 
53F-4-402
;
(v) the Enhancement for Accelerated Students Program, described in Section
53F-2-408
;
(vi) the Concurrent Enrollment Program, described in Section 
53F-2-409
; 
and
(vii) the Enhancement for At-Risk Students Program, described in Section 
53F-2-410
;
and
[
(viii) Centennial Scholarships, described in Section 
53F-2-501
; and
]
(b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
the current fiscal year's ongoing state tax fund appropriations to the following programs:
(i) a program described in Subsection (1)(a)[
, including charter school administration
described in Section 
53F-2-306
];
(ii) educator salary adjustments, described in Section 
53F-2-405
;
(iii) the Teacher Salary Supplement Program, described in Section 
53F-2-504
;
(iv) the Voted and Board Local Levy Guarantee programs, described in Section
53F-2-601
; and
(v) charter school local replacement funding, described in Section 
53F-2-702
.
(2) (a) In or before December each year, the Executive Appropriations Committee shall
determine:
(i) the cost of the inflation adjustment described in Subsection (1)(a); and
(ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
(b) The Executive Appropriations Committee shall make the determinations described
in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
Fiscal Analyst, in consultation with the state board and the Governor's Office of Management
and Budget.
Section 5. Section 
53F-2-301.5 (Effective 07/01/20)
 is amended to read:
53F-2-301.5 (Effective 07/01/20).
Minimum basic tax rate for a fiscal year that
begins on July 1, 2018, 2019, 2020, 2021, or 2022.
(1) The provisions of this section are in effect for a fiscal year that begins before July 1,
2023.
(2) As used in this section:
(a) "Basic levy increment rate" means a tax rate that will generate an amount of
revenue equal to $75,000,000.
(b) "Combined basic rate" means a rate that is the sum of:
(i) the rate floor; and
(ii) the WPU value rate.
(c) "Commission" means the State Tax Commission.
(d) "Equity pupil tax rate" means the tax rate that is:
(i) calculated by subtracting the minimum basic tax rate from the rate floor; or
(ii) zero, if the rate calculated in accordance with Subsection (2)(d)(i) is zero or less.
(e) "Minimum basic local amount" means an amount that is:
(i) equal to the sum of:
(A) the school districts' contribution to the basic school program the previous fiscal
year;
(B) the amount generated by the basic levy increment rate; and
(C) the eligible new growth, as defined in Section 
59-2-924
 and rules of the State Tax
Commission multiplied by the minimum basic tax rate; and
(ii) set annually by the Legislature in Subsection (3)(a).
(f) "Minimum basic tax rate" means a tax rate certified by the commission that will
generate an amount of revenue equal to the minimum basic local amount described in
Subsection (3)(a).
(g) "Rate floor" means a rate that is the greater of:
(i) a .0016 tax rate; or
(ii) the minimum basic tax rate.
(h) "Weighted pupil unit value" or "WPU value" means the amount established each
year in the enacted public education budget that is multiplied by the number of weighted pupil
units to yield the funding level for the basic school program.
(i) "WPU value amount" means an amount that is:
(i) equal to the product of:
(A) the WPU value increase limit; and
(B) the percentage share of local revenue to the cost of the basic school program in the
prior fiscal year; and
(ii) set annually by the Legislature in Subsection (4)(a).
(j) "WPU value increase limit" means the lesser of:
(i) the total cost to the basic school program to increase the WPU value over the WPU
value in the prior fiscal year; or
(ii) the total cost to the basic school program to increase the WPU value by 4% over
the WPU value in the prior fiscal year.
(k) "WPU value rate" means a tax rate certified by the commission that will generate
an amount of revenue equal to the WPU value amount described in Subsection (4)(a).
(3) (a) The minimum basic local amount for the fiscal year that begins on July 1, 2020,
is $547,951,600 in revenue statewide.
(b) The preliminary estimate for the minimum basic tax rate for the fiscal year that
begins on July 1, 2020, is .001576.
(4) (a) The WPU value amount for the fiscal year that begins on July 1, 2020, is
[
$20,600,000
] 
$9,300,000
 in revenue statewide.
(b) The preliminary estimate for the WPU value rate for the fiscal year that begins on
July 1, 2020, is [
.000060
] 
.000027
.
(5) (a) On or before June 22, the commission shall certify for the year:
(i) the minimum basic tax rate; and
(ii) the WPU value rate.
(b) The estimate of the minimum basic tax rate provided in Subsection (3)(b) and the
estimate of the WPU value rate provided in Subsection (4)(b) is based on a forecast for
property values for the next calendar year.
(c) The certified minimum basic tax rate described in Subsection (5)(a)(i) and the
certified WPU value rate described in Subsection (5)(a)(ii) are based on property values as of
January 1 of the current calendar year, except personal property, which is based on values from
the previous calendar year.
(6) (a) To qualify for receipt of the state contribution toward the basic school program
and as a school district's contribution toward the cost of the basic school program for the school
district, a local school board shall impose the combined basic rate.
(b) (i) The state is not subject to the notice requirements of Section 
59-2-926
 before
imposing the tax rates described in this Subsection (6).
(ii) The state is subject to the notice requirements of Section 
59-2-926
 if the state
authorizes a tax rate that exceeds the tax rates described in this Subsection (6).
(7) (a) The state shall contribute to each school district toward the cost of the basic
school program in the school district an amount of money that is the difference between the
cost of the school district's basic school program and the sum of the revenue generated by the
school district by the following:
(i) the minimum basic tax rate;
(ii) the basic levy increment rate;
(iii) the equity pupil tax rate; and
(iv) the WPU value rate.
(b) (i) If the difference described in Subsection (7)(a) equals or exceeds the cost of the
basic school program in a school district, no state contribution shall be made to the basic
school program for the school district.
(ii) The proceeds of the difference described in Subsection (7)(a) that exceed the cost
of the basic school program shall be paid into the Uniform School Fund as provided by law and
by the close of the fiscal year in which the proceeds were calculated.
(8) Upon appropriation by the Legislature, the Division of Finance shall deposit an
amount equal to the proceeds generated statewide:
(a) by the basic levy increment rate into the Minimum Basic Growth Account created
in Section 
53F-9-302
;
(b) by the equity pupil tax rate into the Local Levy Growth Account created in Section
53F-9-305
; and
(c) by the WPU value rate into the Teacher and Student Success Account created in
Section 
53F-9-306
.
Section 6. Section 
53F-2-303
 is amended 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)
] 
(5)
.
(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), 
and except as provided in Subsection
(5),
 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
] 
Except as provided in Subsection (5), 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 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 Section 
53F-2-601
, 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
Section 
53F-2-601
.
(5) This section does not apply to the 2020-2021 academic year.
Section 7. Section 
53F-2-304 (Effective 07/01/20)
 is amended to read:
53F-2-304 (Effective 07/01/20).
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, 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) 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.
(5) (a) Additional weighted pupil units for schools classified as necessarily existent
small schools shall be computed using distribution formulas adopted by the state board.
(b) The 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) An elementary school with fewer than 10 students shall receive the same add-on
weighted pupil units as 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.
(f) The state board shall prepare and distribute an allocation table based on the
distribution formula to each school district.
(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.
(7) (a) The state board may allocate up to [
] 
 weighted pupil units to support
schools that:
(i) have isolating conditions, as defined by the state board, including geographic
isolation; and
(ii) do not qualify for necessarily existent small schools funding due to formula
limitations.
(b) The state board shall review funding allocations under this Subsection [
(8)
] 
(7)
 at
least once every five calendar years.
(8) If the state board classifies a school as a necessarily existent small school in
accordance with this section, the state board shall, subject to legislative appropriation,
distribute small district base funding to the relevant school district in the following amounts:
(a) for a district with 250 students or less, 83 additional weighted pupil units;
(b) for a district with 251 to 500 students, 56 additional weighted pupil units;
(c) for a district with 501 to 1,000 students, 28 additional weighted pupil units; and
(d) for a district with 1,001 to 2,000 students, 14 additional weighted pupil units.
[
(8)
] 
(9)
 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)
] 
(10)
 (a) Subject to Subsection [
(9)
] 
(10)
(b) and after a distribution made under
Subsection [
(8)
] 
(9)
, 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)
] 
(10)
(a) may not exceed
the necessarily existent small schools fund in balance of the prior fiscal year.
[
(10)
] 
(11)
 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 8. Section 
53F-2-601
 is amended to read:
53F-2-601.
State guaranteed local levy increments -- Appropriation to increase
number of guaranteed local levy increments -- No effect of change of minimum basic tax
rate -- Voted and board local levy funding balance -- Use of guaranteed local levy
increment funds.
(1) As used in this section:
(a) "Board local levy" means a local levy described in Section 
53F-8-302
.
(b) "Guaranteed local levy increment" means a local levy increment guaranteed by the
state:
(i) for the board local levy, described in Subsections (2)(a)(ii)(A) and (2)(b)(ii)(B); or
(ii) for the voted local levy, described in Subsections (2)(a)(ii)(B) and (2)(b)(ii)(A).
(c) "Local levy increment" means .0001 per dollar of taxable value.
(d) (i) "Voted and board local levy funding balance" means the difference between:
(A) the amount appropriated for the guaranteed local levy increments in a fiscal year;
and
(B) the amount necessary to fund in the same fiscal year the guaranteed local levy
increments as determined under this section.
(ii) "Voted and board local levy funding balance" does not include appropriations
described in Subsection (2)(b)(i).
(e) "Voted local levy" means a local levy described in Section 
53F-8-301
.
(2) (a) (i) In addition to the revenue collected from the imposition of a voted local levy
or a board local levy, the state shall guarantee that a school district receives, subject to
Subsections (2)(b)(ii)(C) and (3)(a), for each guaranteed local levy increment, an amount
sufficient to guarantee for a fiscal year that begins on July 1, 2018, $43.10 per weighted pupil
unit.
(ii) Except as provided in Subsection (2)(b)(ii), the number of local levy increments
that are subject to the guarantee amount described in Subsection (2)(a)(i) are:
(A) for a board local levy, the first four local levy increments a local school board
imposes under the board local levy; and
(B) for a voted local levy, the first 16 local levy increments a local school board
imposes under the voted local levy.
(b) (i) Subject to future budget constraints and Subsection (2)(c), the Legislature shall
annually appropriate money from the Local Levy Growth Account established in Section
53F-9-305
 for purposes described in Subsection (2)(b)(ii).
(ii) The state board shall, for a fiscal year beginning on or after July 1, 2018, and
subject to Subsection (2)(c), allocate funds appropriated under Subsection (2)(b)(i) in the
following order of priority by increasing:
(A) by up to four increments the number of voted local levy guaranteed local levy
increments above 16;
(B) by up to 16 increments the number of board local levy guaranteed local levy
increments above four; and
(C) the guaranteed amount described in Subsection (2)(a)(i).
(c) The number of guaranteed local levy increments under this Subsection (2) for a
school district may not exceed 20 guaranteed local levy increments, regardless of whether the
guaranteed local levy increments are from the imposition of a voted local levy, a board local
levy, or a combination of the two.
[
(d) (i) As used in this Subsection (2)(d), "cost for the guarantee" means the total cost
for the guarantee described in this section, excluding the cost of the adjustments described in
Subsection (2)(b)(ii).
]
[
(ii) In addition to an appropriation for the adjustment described in Subsection
(2)(b)(ii), if the state cost for the guarantee for the upcoming fiscal year is less than the amount
appropriated for the cost for the guarantee for the current fiscal year, the Legislature may
appropriate an additional amount to fund all or part of the difference.
]
[
(iii) The state board shall allocate an appropriation described in Subsection (2)(d)(ii)
to increase the guarantee amount for each guaranteed local levy increment.
]
(3) (a) The guarantee described in Subsection (2)(a)(i) is indexed each year to the value
of the weighted pupil unit by making the value of the guarantee equal to .011962 times the
value of the prior year's weighted pupil unit.
(b) The guarantee shall increase by .0005 times the value of the prior year's weighted
pupil unit for each year subject to the Legislature appropriating funds for an increase in the
guarantee.
(4) (a) The amount of state guarantee money that 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 board local levy or voted local 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 (4)(a) applies for a period of five years following a change in the
certified tax rate as described in Subsection (4)(a).
(5) 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.
(6) (a) If a voted and board local levy funding balance exists for the prior fiscal year,
the state board 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 (3)(a) in the current fiscal year; and
(ii) distribute guaranteed local levy increment funds to school districts based on the
increased value of the state guarantee per weighted pupil unit described in Subsection (6)(a)(i).
(b) The state board shall report action taken under Subsection (6)(a) to the Office of the
Legislative Fiscal Analyst and the Governor's Office of Management and Budget.
(7) A local school board of a school district that receives funds described in this section
shall budget and expend the funds for public education purposes.
Section 9. Section 
53F-2-706
 is enacted to read:
 53F-2-706.
Small Charter School Base Funding.
(1) Subject to legislative appropriation, the state board shall distribute small charter
school base funding in the following amounts to charter schools with 2,000 or less students:
(a) for a charter school with 300 students or less, $40,000;
(b) for a charter school with 301 to 400 students, $35,000;
(c) for a charter school with 401 to 500 students, $30,000;
(d) for a charter school with 501 to 600 students, $25,000;
(e) for a charter school with 601 to 1,000 students, $20,000; and
(f) for a charter school with 1,001 to 2,000 students, $15,000.
(2) A charter school's eligibility for small charter school base funding is determined by
the charter school's student enrollment on October 1 of a given year.
Section 10. Section 
53F-4-201
 is amended to read:
53F-4-201.
State board required to contract for a benchmark assessment system
for reading.
(1) (a) As described in Section 
53E-4-307
, the state board shall approve a benchmark
assessment for use statewide by school districts and charter schools.
(b) The state board shall contract with one or more educational technology providers,
selected through a request for proposals process, for a benchmark assessment system for
reading [
for students in kindergarten through grade 6
] 
described in Section 
53E-4-307
 that
meets the requirements of this section.
(2) Subject to legislative appropriations, a benchmark assessment system for reading
shall be made available to school districts and charter schools that apply to use a benchmark
assessment for reading beginning in the 2011-12 school year.
(3) A benchmark assessment system for reading for students [
in kindergarten through
grade 6
] 
described in Subsection (1)
 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 and [
grades 1 through 6
] 
the grades for
which the state board approves the benchmark assessment
;
(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; 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 11. Section 
53G-6-204
 is amended to read:
53G-6-204.
School-age children exempt from school attendance.
(1) (a) A local school board or charter school governing board may excuse a school-age
child from attendance for any of the following reasons:
(i) a school-age child over age 16 may receive a partial release from school to enter
employment, or attend a trade school, if the school-age child has completed grade 8; or
(ii) on an annual basis, a school-age child may receive a full release from attending a
public, regularly established private, or part-time school or class if:
(A) the school-age child has already completed the work required for graduation from
high school[
, or has demonstrated mastery of required skills and competencies in accordance
with Subsection 
53F-2-501
(1)
];
(B) the school-age child is in a physical or mental condition, certified by a competent
physician if required by the local school board or charter school governing board, which
renders attendance inexpedient and impracticable;
(C) proper influences and adequate opportunities for education are provided in
connection with the school-age child's employment; or
(D) the district superintendent or charter school governing board has determined that a
school-age child over the age of 16 is unable to profit from attendance at school because of
inability or a continuing negative attitude toward school regulations and discipline.
(b) A school-age child receiving a partial release from school under Subsection
(1)(a)(i) is required to attend:
(i) school part time as prescribed by the local school board or charter school governing
board; or
(ii) a home school part time.
(c) In each case, evidence of reasons for granting an exemption under Subsection (1)
must be sufficient to satisfy the local school board or charter school governing board.
(d) A local school board or charter school governing board that excuses a school-age
child from attendance as provided by this Subsection (1) shall issue a certificate that the child
is excused from attendance during the time specified on the certificate.
(2) (a) A local school board shall excuse a school-age child from attendance, if the
school-age child's parent files a signed and notarized affidavit with the school-age child's
school district of residence, as defined in Section 
53G-6-302
, that:
(i) the school-age child will attend a home school; and
(ii) the parent assumes sole responsibility for the education of the school-age child,
except to the extent the school-age child is dual enrolled in a public school as provided in
Section 
53G-6-702
.
(b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
remain in effect as long as:
(i) the school-age child attends a home school; and
(ii) the school district where the affidavit was filed remains the school-age child's
district of residence.
(c) A parent of a school-age child who attends a home school is solely responsible for:
(i) the selection of instructional materials and textbooks;
(ii) the time, place, and method of instruction; and
(iii) the evaluation of the home school instruction.
(d) A local school board may not:
(i) require a parent of a school-age child who attends a home school to maintain
records of instruction or attendance;
(ii) require credentials for individuals providing home school instruction;
(iii) inspect home school facilities; or
(iv) require standardized or other testing of home school students.
(e) Upon the request of a parent, a local school board shall identify the knowledge,
skills, and competencies a student is recommended to attain by grade level and subject area to
assist the parent in achieving college and career readiness through home schooling.
(f) A local school board that excuses a school-age child from attendance as provided by
this Subsection (2) shall annually issue a certificate stating that the school-age child is excused
from attendance for the specified school year.
(g) A local school board shall issue a certificate excusing a school-age child from
attendance:
(i) within 30 days after receipt of a signed and notarized affidavit filed by the
school-age child's parent pursuant to this Subsection (2); and
(ii) on or before August 1 each year thereafter unless:
(A) the school-age child enrolls in a school within the school district;
(B) the school-age child's parent notifies the school district that the school-age child no
longer attends a home school; or
(C) the school-age child's parent notifies the school district that the school-age child's
school district of residence has changed.
(3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a)
is exempt from the application of Subsections 
53G-6-202
(2), (5), and (6).
(4) Nothing in this section may be construed to prohibit or discourage voluntary
cooperation, resource sharing, or testing opportunities between a school or school district and a
parent of a child attending a home school.
Section 12. 
Repealer.
This bill repeals:
Section 
53F-2-306
 (Effective 07/01/20),
Weighted pupil units for small school
district administrative costs -- Appropriation for charter school administrative costs.
Section 
53F-2-309
,
Appropriation for intensive special education costs.
Section 
53F-2-501
 (Superseded 07/01/20),
Early graduation incentives -- Incentive
to school district -- Partial tuition scholarship for student -- Payments.
Section 
53F-2-501
 (Effective 07/01/20),
Early graduation incentives -- Incentive to
school district -- Partial tuition scholarship for student -- Payments.
Section 
53F-2-505
, Math and Science Opportunities for Students and Teachers
Program.
Section 
53F-2-521
,
Salary supplement for National Board certified teachers.
Section 
53F-5-216
,
Rural school extracurricular activities reimbursement.
Section 13. 
Repeal of uncodified sections in S.B. 2, Chapter 330, Laws of Utah
2020, General Session.
The following uncodified sections of S.B. 2, Chapter 330, Laws of Utah 2020, General
Session are repealed:
(1) Section 11, Fiscal Year 2020 Appropriations;
(2) Section 11 (a), Operating and Capital Budgets;
(3) Section 12, Fiscal Year 2021 Appropriations;
(4) Section 12 (a), Operating and Capital Budgets; and
(5) Section 12 (b), Restricted Fund and Account Transfers.
Section 14. 
Fiscal Year 2020 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
and ending June 30, 2020. These are additions to amounts otherwise appropriated for
fiscal year 2020. Notwithstanding any restrictive intent language relating to the use of
nonlapsing funds that is included in any appropriation for fiscal year 2019, the Legislature
intends that an agency is not limited to the restrictive intent language and may also use the
nonlapsing funds in fiscal year 2020 for general costs if the nonlapsing funds are increased in
this bill.
Section 14(a). 
Operating and Capital Budgets.
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.
Public Education
State Board of Education - Minimum School Program
Item 1
 To State Board of Education - Minimum School Program - Related to Basic School
Programs
From Education Fund, One-Time
$3,500,200
Schedule of Programs:
Teacher Salary Supplement $3,820,200
Student Health and Counseling Support Program $(320,000)
State Board of Education
Item 2
 To State Board of Education - MSP Categorical Program Administration
From Education Fund, One-Time
$320,000
Schedule of Programs:
Student Health and Counseling Support Program $320,000
Section 15. 
Fiscal Year 2021 Appropriations.
(1) 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.
(2) The value of each weighted pupil unit (WPU) for fiscal year 2021 is increased from
the value of the WPU for fiscal year 2021 established in H.B. 1, Chapter 2, Laws of Utah 2020,
General Session, and set at $3,596.
Section 15(a). 
Operating and Capital Budgets.
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.
Public Education
State Board of Education - Minimum School Program
Item 3
 To State Board of Education - Minimum School Program - Basic School Program
From Education Fund
$42,361,200
 From Education Fund, One-Time
$(1,179,500)
From Local Revenue
$9,300,000
Schedule of Programs:
Kindergarten $1,747,700
Grades 1 - 12 $38,785,000
Foreign Exchange (-328 WPUs) $(1,158,500)
Necessarily Existent Small Schools (847 WPUs) $3,668,600
Professional Staff $3,620,700
Administrative Costs (-1,515 WPUs) $(5,262,700)
Special Education - Add-on $5,524,300
Special Education - Self-Contained $846,700
Special Education - Preschool $724,000
Special Education - Extended School Year $29,300
Special Education - Impact Aid $131,800
Special Education - Intensive Services (-795 WPUs) $(2,807,900)
Special Education - Extended Year for Special Educators $58,200
Career and Technical Education - Add-on $1,862,400
Class Size Reduction $2,712,100
Item 4
 To State Board of Education - Minimum School Program - Related to Basic School
Programs
From Education Fund
$(17,450,900)
From Education Fund, One-Time
$(35,800,000)
From Teacher and Student Success Account
$(11,300,000)
From Uniform School Fund Rest. - Trust Distribution Account
$6,166,000
Schedule of Programs:
Pupil Transportation To and From School $1,793,300
Flexible Allocation - WPU Distribution $(37,788,000)
Enhancement for At-Risk Students $852,400
Youth in Custody $25,681,900
Adult Education $258,200
Enhancement for Accelerated Students $99,900
Centennial Scholarship Program $(272,500)
Concurrent Enrollment $(1,565,300)
School Land Trust Program $6,166,000
Charter School Local Replacement $(18,426,100)
 Charter School Administration $(8,014,500)
Teacher Salary Supplement $3,300,000
School Library Books and Electronic Resources $(85,000)
Math & Science Opportunities for Students and
Teachers (MOST) $(7,100,000)
Early Intervention $(5,000,000)
Effective Teachers in High Poverty Schools Incentive
Program $(428,200)
Early Graduation from Competency-Based Education $(55,700)
Teacher and Student Success Program $(11,300,000)
Student Health and Counseling Support Program $(520,000)
National Board Certified Teacher Program $(246,300)
Grants for New and Aspiring Principals $(4,800,000)
Grants for Professional Learning $(3,935,000)
Rural School Extracurricular Activities Reimbursement $(100,000)
Charter School Funding Base Program $3,100,000
Item 5
 To State Board of Education - Minimum School Program - Voted and Board Local
Levy Programs
From Education Fund
$(19,000,000)
Schedule of Programs:
Voted Local Levy Program $(19,000,000)
State Board of Education - School Building Programs
Item 6
 To State Board of Education - School Building Programs - Capital Outlay Programs
Under Item 48 in H.B. 1, Chapter 2, Laws of Utah 2020, General Session, the
Legislature intends that the State Board of Education:
(1) study the distribution formulas for the Capital Outlay Foundation Program created
in Section 
53F-3-202
 and Capital Outlay Enrollment Growth Program created in Section
53F-3-203
, including:
(a) the impact on the Capital Outlay Foundation Program formula distribution
associated with the equal weighting of local property tax revenues from district Capital and
Debt Service levies, including whether adjusting the balance would provide for a broader
distribution among districts;
(b) addressing how to adjust distribution formulas to improve equity and distribution to
a wider array of school districts;
(c) addressing whether using a WPU-based formula like the Voted & Board Local
Levy Guarantee could improve distributional equity among districts; and
(d) making recommendations on potential statutory changes; and
(2) report to the Public Education Appropriations Subcommittee on the study described
in Subsection (1):
(a) preliminarily before February 1, 2021; and
(b) finally on recommendations before September 30, 2021.
State Board of Education
Item 7
 To State Board of Education - Child Nutrition
From Education Fund
$(144,200)
From Federal Funds
$(48,700)
From Federal Funds, One-Time
$2,800
From Dedicated Credit - Liquor Tax
$127,200
From Dedicated Credit - Liquor Tax, One-Time
$(2,800)
Schedule of Programs:
Child Nutrition $(65,700)
Item 8
 To State Board of Education - Educator Licensing
From Education Fund
$(3,836,600)
From Education Fund, One-Time
$(1,200,000)
Schedule of Programs:
Educator Licensing $(36,600)
STEM Endorsement Incentives $(5,000,000)
Item 9 
To State Board of Education - Fine Arts Outreach
From Education Fund
$(200,000)
Schedule of Programs:
Professional Outreach Programs in the Schools
$(200,000)
Item 10
 To State Board of Education - Initiative Programs
From General Fund
$(2,700)
From Education Fund
$2,686,200
From Education Fund, One-Time
$(7,539,100)
Schedule of Programs:
Carson Smith Scholarships $(2,400)
Contracts and Grants $(375,000)
Early Warning Pilot Program $(125,000)
Electronic Elementary Reading Tool $(1,500,000)
ELL Software Licenses $(3,000,000)
General Financial Literacy $498,200
Intergenerational Poverty Interventions $1,000,500
Kindergarten Supplement Enrichment Program
$3,000,000
Partnerships for Student Success $3,005,500
ProStart Culinary Arts Program $(201,600)
School Turnaround and Leadership Development Act
$(7,018,600)
UPSTART $(2,400)
ULEAD $(4,500)
Educational Improvement Opportunities Outside of the
Regular School Day Grant Program $(300)
Competency-Based Education Grants $(230,000)
Education Technology Management System $100,000
Item 11
 To State Board of Education - MSP Categorical Program Administration
From Education Fund
$(884,300)
Schedule of Programs:
Adult Education $(3,300)
Beverley Taylor Sorenson Elem. Arts Learning Program
$(3,000)
CTE Comprehensive Guidance $(3,300)
Digital Teaching and Learning $(8,400)
Dual Immersion $(2,700)
Enhancement for At-Risk Students $(6,300)
Special Education State Programs $(3,300)
Youth-in-Custody $(6,600)
State Safety and Support Program $(2,400)
Student Health and Counseling Support Program
$320,000
Early Learning Training and Assessment $(1,065,000)
Math and Science Opportunities for Students and Teachers
$(100,000)
Item 12
 To State Board of Education - State Administrative Office
From General Fund
$(31,600)
From Education Fund
$(70,200)
From Education Fund, One-Time
$(15,000)
From Federal Funds
$(142,200)
From Federal Funds, One-Time
$97,011,500
From General Fund Restricted - Mineral Lease
$(9,600)
From General Fund Restricted - School Readiness Account
$(900)
From Revenue Transfers
$(121,500)
From Uniform School Fund Rest. - Trust Distribution Account
$(8,400)
Schedule of Programs:
Board and Administration $(52,300)
Data and Statistics $(18,300)
Financial Operations $594,000
Indirect Cost Pool $328,500
Information Technology $(92,100)
Policy and Communication $(33,300)
School Trust $(8,400)
Special Education $(89,700)
Statewide Online Education Program $3,211,600
Student Support Services $96,934,400
Teaching and Learning $(162,300)
Statewide Financial Management System Grants
$(4,000,000)
The Legislature intends that the State Board of Education:
(1) evaluate the participation of home school and private school students in the
Statewide Online Education Program, including:
(a) ongoing funding levels;
(b) the mix between home and private school students;
(c) how to best manage future growth needs within appropriated funding; and
(d) the potential of using mechanisms to control costs, including implementing a fee
structure or requiring private and home school students to enroll in a local education agency;
and
(2) report to the Public Education Appropriations Subcommittee:
(a) preliminarily before February 1, 2021; and
(b) finally on recommendations before August 30, 2021.
Item 13
 To State Board of Education - General System Support
From General Fund
$(202,100)
From General Fund, One-Time
$100
From Education Fund
$(1,053,600)
From Education Fund, One-Time
$(11,300)
From Federal Funds
$(19,200)
From Federal Funds, One-Time
$9,700
From Dedicated Credits Revenue
$(1,200)
From Expendable Receipts, One-Time
$1,400
From General Fund Restricted - Mineral Lease
$200
From General Fund Restricted - Mineral Lease, One-Time
$100
Schedule of Programs:
Teaching and Learning $(1,174,600)
Assessment and Accountability $(46,800)
Career and Technical Education $(54,500)
The Legislature intends that the State Board of Education use any revenue or
nonlapsing balances generated from the licensing of Readiness Improvement Success
Empowerment (RISE) questions:
(1) to develop additional assessment questions for all state assessments;
(2) to provide professional learning for Utah educators; and
(3) for risk mitigation expenditures.
Item 14
 To State Board of Education - State Charter School Board
From Education Fund
$(531,900)
Schedule of Programs:
State Charter School Board $(531,900)
Item 15
 To State Board of Education - Teaching and Learning
From Education Fund
$(900)
From Revenue Transfers
$(900)
Schedule of Programs:
Student Access to High Quality School Readiness
Programs
$(1,800)
Item 16
 To State Board of Education - Utah Schools for the Deaf and the Blind
From Education Fund
$(1,641,500)
From Federal Funds
$(1,500)
From Dedicated Credits Revenue
$(22,200)
From Revenue Transfers
$(227,700)
Schedule of Programs:
Administration $(1,275,200)
Transportation and Support Services $(206,100)
Utah State Instructional Materials Access Center
$(29,700)
School for the Deaf $(199,200)
School for the Blind $(182,700)
School and Institutional Trust Fund Office
Item 17
 To School and Institutional Trust Fund Office
From School and Institutional Trust Fund Management Account
$150,400
Schedule of Programs:
School and Institutional Trust Fund Office $150,400
Section 15(b). 
Restricted Fund and Account Transfers
.
The Legislature authorizes the State Division of Finance to transfer the following
amounts between the following funds or accounts as indicated. Expenditures and outlays from
the funds to which the money is transferred must be authorized by an appropriation.
Public Education
Item 18
 To Uniform School Fund Restricted - Growth in Student Population Account
From Education Fund
$(52,000,000)
From Education Fund, One-Time
$75,000,000
Schedule of Programs:
Growth in Student Population Account $23,000,000
Item 19
 To Underage Drinking Prevention Program Restricted Account
From Liquor Control Fund
$1,750,000
Schedule of Programs:
Underage Drinking Prevention Program Restricted
Account
$1,750,000
Item 20
 To Teacher and Student Success Account
From Education Fund
$9,300,000
Schedule of Programs:
Teacher and Student Success Account $9,300,000
Section 15(c). 
Transfers to Unrestricted Funds
.
The Legislature authorizes the State Division of Finance to transfer the following
amounts to the unrestricted General Fund, Education Fund, or Uniform School Fund, as
indicated, from the restricted funds or accounts indicated. Expenditures and outlays from the
General Fund, Education Fund, or Uniform School Fund must be authorized by an
appropriation.
Public Education
Item 21
 To Education Fund
From Nonlapsing Balances - From State Board of Education -
Initiatives Programs
$213,000
Schedule of Programs:
Education Fund, One-time $213,000
Section 16. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, this bill takes effect on July 1, 2020.
(2) If approved by two-thirds of all the members elected to each house, Section 14,
Fiscal Year 2020 Appropriations, and Section 14(a), Operating and Capital Budgets, take 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.