Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 2 (2021GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/25/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides appropriations for the use and support of school districts, charter schools, and state education agencies;
• directs the State Board of Education on how to execute certain funding programs;
• provides appropriations for other purposes as described;
• amends and enacts provisions related to certain appropriations for public education, including:
• allowing the State Board of Education (state board) to use data from fiscal year 2020 for certain funding formulas in certain circumstances;
• allowing the state board to distribute funds to mitigate funding losses associated with the elimination of the Administrative Cost Program;
• requiring the state board to allocate funds for English language learner software; and
• providing the State Charter School Board with increased budgetary autonomy;
• makes technical and conforming changes; and
• provides intent language.

Every vote on this bill

Bill text

PUBLIC EDUCATION BUDGET AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Lincoln Fillmore
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, 2020, and ending
June 30, 2021, and for the fiscal year beginning July 1, 2021, and ending June 30, 2022.
Highlighted Provisions:
This bill:
▸ provides appropriations for the use and support of school districts, charter schools,
and state education agencies;
▸ directs the State Board of Education on how to execute certain funding programs;
▸ provides appropriations for other purposes as described;
▸ amends and enacts provisions related to certain appropriations for public education,
including:
• allowing the State Board of Education (state board) to use data from fiscal year
2020 for certain funding formulas in certain circumstances;
• allowing the state board to distribute funds to mitigate funding losses associated
with the elimination of the Administrative Cost Program;
• requiring the state board to allocate funds for English language learner software;
and
• providing the State Charter School Board with increased budgetary autonomy;
▸ makes technical and conforming changes; and
▸ provides intent language.
Money Appropriated in this Bill:
This bill appropriates $50,561,400 in operating and capital budgets for fiscal year 2021,
including:
▸ $3,851,200 from the Education Fund; and
▸ $46,710,200 from various sources as detailed in this bill.
This bill appropriates $2,270,000 in transfers to unrestricted funds for fiscal year 2021.
This bill appropriates $100,384,400 in operating and capital budgets for fiscal year
2022, including:
▸ $100 from the General Fund;
▸ $28,288,700 from the Uniform School Fund;
▸ $29,786,500 from the Education Fund; and
▸ $42,309,100 from various sources as detailed in this bill.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-5-302
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-304
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 9
53F-2-706
, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 14
53G-5-202
, as last amended by Laws of Utah 2018, Chapter 383 and renumbered and
amended by Laws of Utah 2018, Chapter 3
ENACTS:
53F-2-209
, Utah Code Annotated 1953
53F-2-418
, Utah Code Annotated 1953
REPEALS:
53F-5-212
, as last amended by Laws of Utah 2020, Chapters 354 and 408
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-5-302
 is amended to read:
53E-5-302.
State board to designate low performing schools -- Needs assessment.
(1) Except as provided in Subsection (4), the state board shall:
(a) annually designate a school as a low performing school; and
(b) conduct a needs assessment for a low performing school by thoroughly analyzing
the root causes of the low performing school's low performance.
(2) The state board may use up to 5% of the appropriation provided under this part to
hire or contract with one or more individuals to conduct a needs assessment described in
Subsection (1)(b).
(3) A school that was designated as a low performing school based on 2015-2016
school year performance that is not in the lowest performing 3% of schools statewide following
the 2016-2017 school year is exempt from the provisions of this part.
(4) 
(a)
 The state board is not required to designate as a low performing school a school
for which the state board is not required to assign an overall rating in accordance with Section
53E-5-204
.
(b) The requirement to designate a school as a low-performing school described in
Subsection (1) does not apply in the school year immediately following the 2020-2021 or
2021-2022 school year.
Section 2. Section 
53F-2-209
 is enacted to read:
 53F-2-209.
Use of data to determine funding in fiscal years 2021 and 2022.
(1) For fiscal years 2021 and 2022, if data necessary for programmatic funding
distributions to LEAs is inconsistent due to adjustments related to effects of the COVID-19
emergency, the state board may use the analogous data from fiscal year 2020 or the 2019-2020
school year, at the state board's discretion to execute programmatic funding distributions to
LEAs.
(2) The state board shall report to the Public Education Appropriations Subcommittee
before September 30, 2021, on instances in which the board used fiscal year 2020 data under
Subsection (1).
Section 3. 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, 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 208 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 (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 500 students or less, 83 additional weighted pupil units;
(b) for a district with 501 to 1,000 students, 28 additional weighted pupil units; and
(c) for a district with 1,001 to 2,000 students, 14 additional weighted pupil units.
(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).
(10) (a) Subject to Subsection (10)(b) and after a distribution made under Subsection
(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 (10)(a) may not exceed the
necessarily existent small schools fund in balance of the prior fiscal year.
(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.
(12) (a) Notwithstanding this section and subject to legislative appropriations, the state
board may, in accordance with Subsection (12)(b), distribute one-time funding that the
Legislature appropriates to mitigate funding losses as described in legislative appropriations.
(b) The state board may make the distribution described in Subsection (12)(a) to school
districts that:
(i) enroll fewer than 5,000 students; and
(ii) do not pay local property tax proceeds into the Uniform School Fund as described
in Section 
53F-2-301.5
.
Section 4. Section 
53F-2-418
 is enacted to read:
 53F-2-418.
English language learner software.
(1) Subject to legislative appropriations, the state board shall:
(a) allocate funds to LEAs for English language learner software; and
(b) make the allocation described in Subsection (1)(a) using a formula that provides:
(i) a base amount for each LEA that has English language learner students; and
(ii) a distribution of remaining funding in proportion to the LEA's share of statewide
English language learner students.
(2) An LEA shall use an allocation the LEA receives under Subsection (1) to select a
vendor and pay for software licenses for English language learner instruction.
Section 5. Section 
53F-2-706
 is amended 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.
(3) Notwithstanding this section and subject to legislative appropriations, the state
board may distribute to charter schools, regardless of size, one-time funding that the
Legislature appropriates to mitigate funding losses as described in legislative appropriations.
Section 6. Section 
53G-5-202
 is amended to read:
53G-5-202.
Status and powers of State Charter School Board.
(1)
 The State Charter School Board may:
[
(1)
] 
(a)
 enter into contracts;
[
(2)
] 
(b)
 sue and be sued; and
[
(3) (a)
] 
(c) (i)
 at the discretion of the charter school, provide administrative services
to, or perform other school functions for, charter schools authorized by the State Charter
School Board; and
[
(b)
] 
(ii)
 charge fees for the provision of services or functions.
(2) The state board shall:
(a) approve the annual budget and expenditures of the State Charter School Board; and
(b) otherwise grant autonomy to the State Charter School Board to manage the State
Charter School Board's budget.
Section 7. 
Repealer.
This bill repeals:
Section 
53F-5-212
,
Grants for additional educators for high-need schools.
Section 8. 
Fiscal Year 2021 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 otherwise appropriated for
fiscal year 2021.
Subsection 8(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
To State Board of Education - Minimum School Program - Basic School Program
From Education Fund, One-time
15,000,000
Schedule of Programs:
Grades 1 - 12 15,000,000
Item
To State Board of Education - Minimum School Program - Voted and Board Local
Levy Programs
From Education Fund, One-time
(15,000,000)
Schedule of Programs:
Voted Local Levy Program (7,500,000)
Board Local Levy Program (7,500,000)
State Board of Education
Item
To State Board of Education - Child Nutrition
From Federal Funds, One-time
48,927,100
Schedule of Programs:
Child Nutrition 48,927,100
Item
To State Board of Education - Initiative Programs
From Beginning Nonlapsing Balances
(2,170,000)
Schedule of Programs:
Contracts and Grants (670,000)
ELL Software Licenses (1,500,000)
Item
To State Board of Education - MSP Categorical Program Administration
From Beginning Nonlapsing Balances
(100,000)
Schedule of Programs:
Dual Immersion (100,000)
Item
To State Board of Education - State Administrative Office
From Education Fund, One-time
4,000,000
Schedule of Programs:
Statewide Financial Management System Grants 4,000,000
The Legislature intends that the State Board of Education use one-time funds
appropriated to support Statewide Financial Management System Grants to provide grants to
local education agencies in fiscal year 2021, fiscal year 2022, or fiscal year 2023 to make
changes to local data systems to facilitate data transfers between the LEA and the state.
Item
To State Board of Education - General System Support
From Education Fund, One-time
(95,700)
Schedule of Programs:
Student Achievement (95,700)
Item
To State Board of Education - State Charter School Board
From Education Fund, One-time
(53,100)
Schedule of Programs:
From Closing Nonlapsing Balances 53,100
Subsection 8(b). 
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
To Education Fund
From Nonlapsing Balances - Transfer from Dual Language Program
100,000
From Nonlapsing Balances - Transfer from ELL Software Licenses
1,500,000
From Nonlapsing Balances - Transfer from Initiative Programs
670,000
Schedule of Programs:
Education Fund, One-time 2,270,000
Section 9. 
Fiscal Year 2022 Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2021, and ending June 30, 2022. These are additions to amounts otherwise appropriated for
fiscal year 2022.
Subsection 9(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
To State Board of Education - Minimum School Program - Basic School Program
From Uniform School Fund
500,000
From Uniform School Fund, One-time
3,600,000
Schedule of Programs:
Necessarily Existent Small Schools (131 WPUs) 4,100,000
The Legislature intends that the State Board of Education distribute funds in accordance
with Subsection 
53F-2-304
(12) to mitigate funding losses associated with the elimination of
the Administrative Cost Program.
Item
To State Board of Education - Minimum School Program - Related to Basic School
Programs
From Uniform School Fund
16,688,700
From Uniform School Fund, One-time
7,500,000
From Beginning Nonlapsing Balances
(11,400)
From Closing Nonlapsing Balances
11,400
Schedule of Programs:
Pupil Transportation To and From School 2,500,000
Beverley Taylor Sorenson Elementary Arts
Learning Program 2,000,000
Early Intervention 7,000,000
Grants for Educators in High-need Schools (500,000)
National Board Certified Teacher Program (246,300)
Grants for Professional Learning 3,935,000
Charter School Funding Base Program 5,000,000
English Language Learner Software 4,500,000
(1) The Legislature intends that the expenditures upon which state funding is
contingent under Items 2, 9, 22, and 33 in S.B. 1, Public Education Base Budget Amendments,
be modified to include all of the federally allowed activities for the Federal Coronavirus Relief
for Public Education funds except:
(a) school facility repairs and improvements to enable operation of schools to reduce
risk of virus transmission and exposure to environmental health hazards, and to support student
health needs; and
(b) inspection, testing, maintenance, repair, replacement, and upgrade projects to
improve the indoor air quality in school facilities, including mechanical and non-mechanical
heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning,
fans, control systems, and window and door repair and replacement.
(2) The Legislature further intends that the State Board of Education distribute funds in
accordance with Subsection 
53F-2-706
(3) to mitigate funding losses associated with the
elimination of the Administrative Cost Program.
State Board of Education
Item
To State Board of Education - Educator Licensing
From Education Fund
246,300
From Beginning Nonlapsing Balances
11,400
From Closing Nonlapsing Balances
(11,400)
Schedule of Programs:
National Board-Certified Teachers 246,300
Item
To State Board of Education - Fine Arts Outreach
From Education Fund
250,000
Schedule of Programs:
Provisional Program 250,000
Item
To State Board of Education - Initiative Programs
From Education Fund
6,800,000
From Education Fund, One-time
5,408,100
From Beginning Nonlapsing Balances
2,988,400
Schedule of Programs:
Computer Science Initiatives 5,000,000
Contracts and Grants 3,300,000
Early Warning Pilot Program 125,000
Electronic Elementary Reading Tool 1,500,000
ProStart Culinary Arts Program 300,000
School Turnaround and Leadership Development Act (4,028,500)
UPSTART 9,000,000
Item
To State Board of Education - MSP Categorical Program Administration
From Education Fund
1,065,000
Schedule of Programs:
Early Learning Training and Assessment 1,065,000
Item
To State Board of Education - Science Outreach
From Education Fund
475,000
Schedule of Programs:
Informal Science Education Enhancement 475,000
Item
To State Board of Education - State Administrative Office
From General Fund
From Education Fund
(3,448,300)
From Education Fund, One-time
29,100
From Federal Funds, One-time
37,178,400
From General Fund Restricted - Mineral Lease
1,900
From Revenue Transfers
28,900
From Uniform School Fund Restricted - Trust Distribution Account
170,000
From Uniform School Fund Restricted - Trust Distribution Account,
One-time
105,000
From Beginning Nonlapsing Balances
(1,625,500)
From Closing Nonlapsing Balances
1,376,900
Schedule of Programs:
Board and Administration 37,193,900
Financial Operations 112,300
Indirect Cost Pool 196,000
School Trust 275,000
Special Education (50,000)
Statewide Online Education Program (4,610,700)
Student Support Services 700,000
The Legislature intends that the State Board of Education:
(1) report to the Public Education Appropriations Subcommittee, on or before
September 30, 2021, regarding how school-level data included in the Annual Financial Reports
(AFRs) and Annual Program Reports (APRs) will be reported in a public-facing format; and
(b) (i) develop a fee for service schedule for certifying the special education programs
of residential treatment centers; and
(ii) report the schedule to the Public Education Appropriations Subcommittee on or
before October 1, 2021.
Item
To State Board of Education - General System Support
From Education Fund
78,500
From Education Fund, One-time
7,864,900
Schedule of Programs:
Teaching and Learning 926,500
Assessment and Accountability 7,016,900
(1) The Legislature intends that the Utah State Board of Education use any revenue or
nonlapsing balances generated from the licensing of Readiness Improvement Success
Empowerment (RISE) questions to develop additional assessment questions for all state
assessments, provide professional learning for Utah educators, and for risk mitigation
expenditures.
(2) The Legislature intends that, of the appropriations provided to State Board of
Education - Teaching and Learning, $225,000 be used to implement the provisions of
American Indian and Alaskan Native Education, S.B. 124, Chapter 269, Laws of Utah 2020,
General Session.
(3) The Legislature intends that, of the appropriations provided by this item, $800,000
one-time be used to implement the provisions of Concurrent Enrollment Certificate Pilot
Program, H.B. 336, Chapter 321, Laws of Utah 2020, General Session.
(4) The Legislature intends that, of the appropriations provided by this item,
$7,016,900 be used:
(a) in fiscal years 2022, 2023, and 2024; and
(b) to contract for professional learning related to improving student achievement.
Item
To State Board of Education - State Charter School Board
From Education Fund
1,600
Schedule of Programs:
State Charter School Board 1,600
Item
To State Board of Education - Utah Schools for the Deaf and the Blind
From Education Fund
From Education Fund, One-time
1,825,000
From Revenue Transfers
Schedule of Programs:
Support Services 400
Administration 1,325,000
Utah State Instructional Materials Access Center 500,000
The Legislature intends that the Utah Schools for the Deaf and the Blind charge a fee to
out-of-state schools for instructional materials produced by the Utah State Instructional
Materials Access Center (USIMAC) to cover actual costs of reprinting and shipping per
volume. The estimated fee amount is $150 per braille volume and $15 shipping.
Item
To State Board of Education - Statewide Online Education
From Education Fund
4,390,100
From Education Fund, One-time
4,800,900
From Revenue Transfers
(28,900)
From Beginning Nonlapsing Balances
1,625,500
From Closing Nonlapsing Balances
(1,376,900)
Schedule of Programs:
Statewide Online Education 9,410,700
The Legislature intends that the State Board of Education use one-time funding
appropriated to the Statewide Online Education Program to meet the following priorities:
(1) fully fund requests for enrollment from homeschool students; and
(2) use remaining funding to support enrollment requests from students accessing the
program through a private school.
State Board of Education
Item
To School and Institutional Trust Fund Office
From School and Institutional Trust Fund Management Account
1,865,300
Schedule of Programs:
School and Institutional Trust Fund Office 1,865,300
Section 10. 
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 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.
(2) The following sections of this bill take effect on July 1, 2021:
(a) Section 
53E-5-302
;
(b) Section 
53F-2-209
;
(c) Section 
53F-2-304
;
(d) Section 
53F-2-418
;
(e) Section 
53F-2-706
;
(f) Section 
53G-5-202
;
(g) Section 7, Repealer;
(h) Section 9, Fiscal Year 2022 Appropriation; and
(i) Subsection 9(a), Operating and Capital Budgets.