Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 1 First Substitute (2022GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 2/2/2022

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;
• sets the value of the weighted pupil unit (WPU) initially at $3,908 for fiscal year 2022-2023;
• adjusts the number of weighted pupil units to reflect anticipated student enrollment in fall 2022;
• extends flexibility in the use of restricted stated funding through fiscal year 2023;
• appropriates funds to the Uniform School Fund Restricted - Public Education Budget Stabilization Account;
• makes an appropriation from the Uniform School Fund Restricted - Trust Distribution Account to the School LAND Trust Program to support educational programs in the public schools;
• provides appropriations for other purposes as described; and
• approves intent language.

Every vote on this bill

Bill text

PUBLIC EDUCATION BASE 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, 2021, and ending
June 30, 2022, and appropriates funds for the support and operation of public education
for the fiscal year beginning July 1, 2022, and ending June 30, 2023.
Highlighted Provisions:
This bill:
▸ provides appropriations for the use and support of school districts, charter schools,
and state education agencies;
▸ sets the value of the weighted pupil unit (WPU) initially at $3,908 for fiscal year
2022-2023;
▸ adjusts the number of weighted pupil units to reflect anticipated student enrollment
in fall 2022;
▸ extends flexibility in the use of restricted stated funding through fiscal year 2023;
▸ appropriates funds to the Uniform School Fund Restricted - Public Education
Budget Stabilization Account;
▸ makes an appropriation from the Uniform School Fund Restricted - Trust
Distribution Account to the School LAND Trust Program to support educational
programs in the public schools;
▸ provides appropriations for other purposes as described; and
▸ approves intent language.
Money Appropriated in this Bill:
This bill appropriates ($29,433,600) in operating and capital budgets for fiscal year
2022, including:
▸ $3,630,500 from the Uniform School Fund; and
▸ ($33,064,100) from various sources as detailed in this bill.
This bill appropriates ($1,000,000) in expendable funds and accounts for fiscal year
2022.
This bill appropriates $23,400,000 in restricted fund and account transfers for fiscal
year 2022.
This bill appropriates ($4,000) in fiduciary funds for fiscal year 2022.
This bill appropriates $6,328,636,000 in operating and capital budgets for fiscal year
2023, including:
▸ $8,294,800 from the General Fund;
▸ $3,750,150,500 from the Uniform School Fund;
▸ $182,459,700 from the Education Fund; and
▸ $2,387,731,000 from various sources as detailed in this bill.
This bill appropriates $3,327,000 in expendable funds and accounts for fiscal year
2023.
This bill appropriates $565,264,900 in restricted fund and account transfers for fiscal
year 2023, including:
▸ $248,100,000 from the Uniform School Fund;
▸ $315,414,900 from the Education Fund; and
▸ $1,750,000 from various sources as detailed in this bill.
This bill appropriates $118,600 in fiduciary funds for fiscal year 2023.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-2-208
, as last amended by Laws of Utah 2021, Chapters 319 and 382
53F-2-209
, as enacted by Laws of Utah 2021, Chapter 341
53F-2-301.5
, as last amended by Laws of Utah 2021, Chapter 6
53F-2-302.1
, as enacted by Laws of Utah 2021, Chapter 6
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-2-208
 is amended to read:
53F-2-208.
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);
(iii) the Adult Education Program, described in Section 
53F-2-401
;
(iv) state support of pupil transportation, described in Section 
53F-2-402
;
(v) the Enhancement for Accelerated Students Program, described in Section
53F-2-408
;
[
(v)
] 
(vi)
 the Concurrent Enrollment Program, described in Section 
53F-2-409
; and
[
(vi)
] 
(vii)
 the [
Enhancement for At-Risk Students Program
] 
gang prevention and
intervention program
, described in Section 
53F-2-410
; 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);
(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 Planning and
Budget.
Section 2. Section 
53F-2-209
 is amended to read:
53F-2-209.
Limited LEA budgetary flexibility.
(1) Notwithstanding any other provision of the Utah Code, for fiscal [
year 2021
] 
years
2021, 2022, and 2023
:
(a) except as provided in Subsection (1)(b), an LEA may:
(i) use up to 35% of the LEA's state restricted funding for each formula-based program
to flexibly and without restriction respond to changing circumstances and student needs
resulting from the COVID-19 emergency, as that term is defined in Section 
53-2c-102
;
(ii) transfer fund balances between funds as necessary to flexibly expend funds as
described in Subsection (1)(a)(i); and
(b) an LEA may not:
(i) transfer funds under Subsection (1)(a)(i) related to the school LAND Trust Program,
established in Section 
53G-7-1206
, or a qualified grant program; or
(ii) expend the transferred funds for capital projects or improvements.
(2) Notwithstanding any other provision of the Utah Code, for any funds for which the
state imposes restrictions on the use of the funds:
(a) any expenditure that would have been required to be made before the end of fiscal
year 2021 without the application of this section is extended to fiscal year 2022; and
(b) any expenditure that would have been required to be made before the end of fiscal
year 2022 without the application of this section is extended to fiscal year 2023[
.
]
; and
(c) any expenditure that would have been required to be made before the end of fiscal
year 2023 without the application of this section is extended to fiscal year 2024.
(3) (a) Nothing in this section authorizes an LEA to violate federal law or federal
restrictions on the LEA's funds.
(b) An LEA that takes an action that this section authorizes shall ensure that the LEA
continues to meet federal maintenance of effort requirements.
Section 3. Section 
53F-2-301.5
 is amended to read:
53F-2-301.5.
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,
[
2021, is $575,931,800
] 
2022, is $645,921,400
 in revenue statewide.
(b) The preliminary estimate for the minimum basic tax rate for the fiscal year that
begins on July 1, [
2021, is .001554
] 
2022, is .001579
.
(4) (a) The WPU value amount for the fiscal year that begins on July 1, [
2021, is
$22,484,800
] 
2022, is $16,218,800
 in revenue statewide.
(b) The preliminary estimate for the WPU value rate for the fiscal year that begins on
July 1, [
2021, is .000063
] 
2022, is .000040
.
(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 4. Section 
53F-2-302.1
 is amended to read:
53F-2-302.1.
Enrollment Growth Contingency Program.
(1) As used in this section:
(a) "Program funds" means money appropriated under the Enrollment Growth
Contingency Program.
(b) "Student enrollment count" means the enrollment count on the first school day of
October, as described in Subsection 
53F-2-302
(3).
(2) There is created the Enrollment Growth Contingency Program to mitigate funding
impacts on an LEA resulting from student enrollment irregularities during fiscal years 2021
[
and
]
,
, and 2023
.
(3) Subject to legislative appropriations, the state board, in consultation with the Office
of the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget, shall use
program funds to:
(a) for fiscal years 2021 [
and
]
,
, and 2023
 and for an LEA that has declining
enrollment, pay costs associated with Subsection 
53F-2-302
(3) to hold LEA funding
distributions at the prior year's average daily membership; [
and
]
(b) for fiscal year 2022, fund ongoing impacts of student enrollment changes in the
2021-2022 academic year, including:
(i) assigning additional weighted pupil units to an LEA experiencing a net growth in
weighted pupil units over the fiscal year 2022 base allocations associated with student
enrollment increases following the student enrollment count; 
and
(ii) at the request of an LEA that experienced a significant decline in student
enrollment during the 2020-2021 academic year, pre-fund significantly higher anticipated
student enrollment growth before the student enrollment count; and
[
(iii)
] 
(c) for fiscal years 2022 and 2023,
 with any remaining weighted pupil units, pay
other weighted pupil unit related costs in accordance with Section 
53F-2-205
.
(4) If the state board pre-funds anticipated student enrollment growth under Subsection
(3)(b)(ii), the state board shall:
(a) verify the LEA's enrollment after the student enrollment count; and
(b) balance funds as necessary based on the actual increase in student enrollment.
Section 5. 
Fiscal Year 2022 Appropriations.
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 4(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 -
Basic School Program
From Beginning Nonlapsing Balances
(37,474,800)
From Closing Nonlapsing Balances
37,474,800
Item 2
 To State Board of Education - Minimum School Program -
Related to Basic School Programs
From Uniform School Fund, One-Time
3,630,500
From Beginning Nonlapsing Balances
19,700,100
From Closing Nonlapsing Balances
(19,700,100)
Schedule of Programs:
Educator Salary Adjustments 3,630,500
Item
To State Board of Education - Minimum School Program -
Voted and Board Local Levy Programs
From Local Revenue, One-Time
(15,000,000)
Schedule of Programs:
Board Local Levy Program - Early Literacy Program (15,000,000)
State Board of Education
Item
To State Board of Education - Child Nutrition Programs
From Beginning Nonlapsing Balances
2,587,400
From Closing Nonlapsing Balances
(2,587,400)
Item
To State Board of Education - Child Nutrition - Federal Commodities
From Beginning Nonlapsing Balances
Schedule of Programs:
 Child Nutrition - Federal Commodities 600
Item
To State Board of Education - Educator Licensing
From Revenue Transfers, One-Time
(13,000)
From Beginning Nonlapsing Balances
1,282,500
From Closing Nonlapsing Balances
(849,500)
Schedule of Programs:
STEM Endorsement Incentives 420,000
Item
To State Board of Education - Fine Arts Outreach
From Beginning Nonlapsing Balances
823,300
From Closing Nonlapsing Balances
 (1,352,300)
Schedule of Programs:
Professional Outreach Programs in the Schools (404,000)
Provisional Program (125,000)
Item
To State Board of Education - Contracted Initiatives and Grants
From Revenue Transfers, One-Time
(19,900)
From Beginning Nonlapsing Balances
7,702,900
From Closing Nonlapsing Balances
(4,462,000)
From Lapsing Balance
(9,000)
Schedule of Programs:
Computer Science Initiatives 220,000
Software Licenses for Early Literacy 73,000
Elementary Reading Assessment Software Tools 610,000
ELL Software Licenses 124,600
Interventions for Reading Difficulties 16,500
Paraeducator to Teacher Scholarships 6,000
ProStart Culinary Arts Program 25,000
School Turnaround and Leadership Development Act 2,068,100
UPSTART 14,000
Special Needs Opportunity Scholarship Administration 4,800
Education Technology Management System 50,000
Item
To State Board of Education - MSP Categorical Program
Administration
From Revenue Transfers, One-Time
(29,500)
From Beginning Nonlapsing Balances
2,822,500
From Closing Nonlapsing Balances
(3,011,200)
Schedule of Programs:
Adult Education 28,400
At-risk Students 60,400
Early Learning Training and Assessment (307,000)
Item
To State Board of Education - Science Outreach
From Beginning Nonlapsing Balances
492,800
From Closing Nonlapsing Balances
(82,800)
Schedule of Programs:
Informal Science Education Enhancement 410,000
Item
To State Board of Education - Policy, Communication, and Oversight
From Beginning Nonlapsing Balances
1,049,300
From Closing Nonlapsing Balances
(28,692,000)
From Lapsing Balance
(57,900)
Schedule of Programs:
Financial Operations 300,000
Student Support Services (28,000,600)
Item
To State Board of Education - System Standards and Accountability
From Beginning Nonlapsing Balances
16,813,600
From Closing Nonlapsing Balances
(10,520,900)
Schedule of Programs:
Teaching and Learning 1,172,700
Assessment and Accountability 5,100,000
Teacher Retention in Indigenous Schools Grants 20,000
Item
To State Board of Education - State Charter School Board
From Beginning Nonlapsing Balances
1,114,000
From Closing Nonlapsing Balances
(1,114,000)
Item
To State Board of Education - Teaching and Learning
From Revenue Transfers, One-Time
(200)
From Beginning Nonlapsing Balances
71,300
From Closing Nonlapsing Balances
(22,700)
Schedule of Programs:
Student Access to High Quality School Readiness Programs 48,400
Item
To State Board of Education - Utah Schools for the Deaf and the Blind
From Beginning Nonlapsing Balances
855,900
From Closing Nonlapsing Balances
(855,900)
The Legislature intends that the Utah Schools for the Deaf and the Blind use balances
from the USDB Land Acquisition item funded during the 2021 General Session to fund
furnishings and remodeling on the acquired land.
Item
To State Board of Education - Statewide Online Education
Costs for Non-Public Students
From Revenue Transfers, One-Time
(32,000)
From Beginning Nonlapsing Balances
(406,700)
From Closing Nonlapsing Balances
438,700
Subsection 4(b). 
Expendable Funds and Accounts.
The Legislature has reviewed the following expendable funds. The Legislature
authorizes the State Division of Finance to transfer amounts between funds and accounts as
indicated. Outlays and expenditures from the funds or accounts to which the money is
transferred may be made without further legislative action, in accordance with statutory
provisions relating to the funds or accounts.
Public Education
State Board of Education
Item
To State Board of Education - Charter School Revolving Account
From Beginning Fund Balance
(7,300)
From Closing Fund Balance
7,300
Item
To State Board of Education - Hospitality and Tourism
Management Education Account
From Beginning Fund Balance
363,000
From Closing Fund Balance
(363,000)
Item
To State Board of Education - School Building Revolving Account
From Beginning Fund Balance
56,100
From Closing Fund Balance
(56,100)
Item
To State Board of Education - Charter School Closure Reserve Account
From Closing Fund Balance
(1,000,000)
Schedule of Programs:
Charter School Closure Reserve Account (1,000,000)
Subsection 4(c). 
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
To Uniform School Fund Restricted - Public Education
Economic Stabilization Restricted Account
From Beginning Fund Balance
(23,167,300)
From Closing Fund Balance
46,567,300
Schedule of Programs:
Public Education Economic Stabilization Restricted
Account 23,400,000
Public Education
State Board of Education
Item
To State Board of Education - Education Tax Check-off
Lease Refunding
From Beginning Fund Balance
2,000
From Closing Fund Balance
(2,000)
Item
To State Board of Education - Schools for the Deaf and
the Blind Donation Fund
From Beginning Fund Balance
(985,100)
From Closing Fund Balance
981,100
Schedule of Programs:
Schools for the Deaf and the Blind Donation Fund (4,000)
Section 6. 
Fiscal Year 2023 Appropriations.
(1) The following sums of money are appropriated for the fiscal year beginning July 1,
2022, and ending June 30, 2023. These are additions to amounts otherwise appropriated for
fiscal year 2023.
(2) The value of the weighted pupil unit for fiscal year 2023 is initially set at $3,908.
Subsection 5(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
2,900,416,700
From Uniform School Fund, One-Time
15,095,500
From Local Revenue
670,518,100
From Beginning Nonlapsing Balances
20,505,800
From Closing Nonlapsing Balances
(20,505,800)
Schedule of Programs:
Kindergarten (26,667 WPUs) 104,214,600
Grades 1 - 12 (612,549 WPUs) 2,393,841,500
Foreign Exchange (328 WPUs) 1,281,800
Necessarily Existent Small Schools (10,708 WPUs) 41,846,900
Professional Staff (57,387 WPUs) 224,268,400
Special Education - Add-on (89,232 WPUs) 348,718,700
Special Education - Self-Contained (11,189 WPUs) 43,726,600
Special Education - Preschool (11,372 WPUs) 44,441,800
Special Education - Extended School Year (460 WPUs) 1,797,700
Special Education - Impact Aid (2,072 WPUs) 8,097,300
Special Education - Extended Year for Special
Educators (909 WPUs) 3,552,400
Career and Technical Education - Add-on (29,257 WPUs) 114,336,400
Class Size Reduction (42,604 WPUs) 166,496,500
Enrollment Growth Contingency 13,945,600
Students At-risk Add-on (19,016 WPUs) 75,464,100
(1) In accordance with Section 
63J-1-903
, the Legislature intends that the State Board
of Education report performance measures for the Basic School Program line item. The
department shall report to the Office of the Legislative Fiscal Analyst and to the Governor's
Office of Planning and Budget before October 1, 2022, the final status of performance
measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year 2023, the
department shall report the following performance measures:
(a) school readiness, as measured by:
(i) the percentage of students who are ready for kindergarten (target = 64% in literacy
and 76% in numeracy); and
(ii) the percentage of students who demonstrate proficiency on a kindergarten exit
assessment (target = 75% in literacy and 85% in numeracy);
(b) early indicator of academic success, as measured by the percentage of students who
are proficient in English language arts and mathematics at the end of grade 3 (target = 67%);
(c) proficiency in core academic subjects, as measured by:
(i) proficiency on a statewide assessment, including:
(A) the percentage of students who are proficient in English language arts, on average,
across grades 3 through 8 (target = 64%);
(B) the percentage of students who are proficient in mathematics, on average, across
grades 3 through 8 (target = 66%); and
(C) the percentage of students who are proficient in science, on average, across grades
through 8 (target = 67%); and
(ii) proficiency on a nationally administered assessment, including:
(A) the percentage of grade 4 students who are proficient in English language arts
(target = 41%);
(B) the percentage of grade 4 students who are proficient in mathematics (target =
46%);
(C) the percentage of grade 4 students who are proficient in science (target = 45%);
(D) the percentage of grade 8 students who are proficient in English language arts
(target = 38%);
(E) the percentage of grade 8 students who are proficient in mathematics (target =
39%); and
(F) the percentage of grade 8 students who are proficient in science (target = 50%);
(d) post-secondary access, as measured by the percentage of students who score at least
on the ACT (target = 77%);
(e) high school completion, as measured by the percentage of students who graduate
from high school in four years (target = 90%); and
(f) preparation for college, as measured by the percentage of students who have earned
a concentration in or completed a certificate in career and technical education or have earned
credit in an Advanced Placement, a concurrent enrollment, or an International Baccalaureate
course (target = 87%).
(2) The Legislature further intends that the State Board of Education include in the
report described in Subsection (1) any recommended changes to the performance measures.
Item
To State Board of Education - Minimum School Program -
Related to Basic School Programs
From Uniform School Fund
735,077,800
From Education Fund Restricted - Charter School Levy
Account
31,273,900
From Teacher and Student Success Account
131,953,600
From Uniform School Fund Restricted - Trust Distribution Account
95,849,800
From Beginning Nonlapsing Balances
47,487,800
From Closing Nonlapsing Balances
(47,487,800)
Schedule of Programs:
Pupil Transportation To and From School 113,585,000
At-risk Students - Gang Prevention 2,172,500
Youth in Custody 28,700,100
Adult Education 16,129,800
Enhancement for Accelerated Students 6,239,400
Concurrent Enrollment 13,371,100
Title I Schools Paraeducators Program 300,000
School LAND Trust Program 95,849,800
Charter School Local Replacement 233,250,600
Early Literacy Program 14,550,000
Educator Salary Adjustments 191,584,700
Teacher Salary Supplement 22,266,100
School Library Books and Electronic Resources 765,000
Matching Fund for School Nurses 1,002,000
Dual Immersion 5,030,000
Teacher Supplies and Materials 5,500,000
Beverley Taylor Sorenson Elementary Arts
Learning Program
12,880,000
Early Intervention 24,455,000
Digital Teaching and Learning Program 19,852,400
Effective Teachers in High Poverty Schools Incentive
Program 688,000
Elementary School Counselor Program 2,100,000
Pupil Transportation Rural School Reimbursement 500,000
Pupil Transportation - Rural School Grants 1,000,000
Teacher and Student Success Program 146,953,600
Student Health and Counseling Support Program 25,480,000
Grants for Professional Learning 3,935,000
Charter School Funding Base Program 3,015,000
English Language Learner Software 3,000,000
Item
To State Board of Education - Minimum School Program -
Voted and Board Local Levy Programs
From Uniform School Fund
99,560,500
From Local Levy Growth Account
108,461,300
From Local Revenue
766,188,200
From Education Fund Restricted - Minimum Basic Growth Account
 56,250,000
Schedule of Programs:
Voted Local Levy Program 650,375,600
Board Local Levy Program 380,084,400
State Board of Education - School Building Programs
Item
To State Board of Education - School Building Programs -
Capital Outlay Programs
From Education Fund
14,499,700
From Education Fund Restricted - Minimum Basic Growth Account
 18,750,000
Schedule of Programs:
Foundation Program 27,610,900
Enrollment Growth Program 5,638,800
State Board of Education
Item
To State Board of Education - Child Nutrition Programs
From Education Fund
From Federal Funds
171,060,500
From Dedicated Credits Revenue
6,200
From Dedicated Credit - Liquor Tax
50,026,000
From Revenue Transfers
(395,900)
From Beginning Nonlapsing Balances
2,925,400
From Closing Nonlapsing Balances
(1,439,400)
Schedule of Programs:
Child Nutrition 222,183,200
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Child Nutrition Programs line item. The State
Board of Education shall report to the Office of the Legislative Fiscal Analyst and to the
Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) school districts and charter schools served (target = 100% districts and 50%
charters);
(2) LEAs implement an alternative breakfast model based on their student eligibility
percentage as outlined in statute (target = 80%); and
(3) LEAs participating in the National School Breakfast Program (target = 90%).
Item
To State Board of Education - Child Nutrition -
Federal Commodities
From Federal Funds
19,159,300
Schedule of Programs:
Child Nutrition - Federal Commodities 19,159,300
Item
To State Board of Education - Educator Licensing
From Education Fund
4,114,000
From Revenue Transfers
(253,000)
From Beginning Nonlapsing Balances
981,900
From Closing Nonlapsing Balances
(508,500)
Schedule of Programs:
Educator Licensing 2,468,100
STEM Endorsement Incentives 1,620,000
National Board-Certified Teachers 246,300
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Educator Licensing line item. The State Board
of Education shall report to the Office of the Legislative Fiscal Analyst and to the Governor's
Office of Planning and Budget before October 1, 2022, the final status of performance
measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year 2023, the
department shall report the following performance measures:
(1) background check response and notification of local education agency within 72
hours (target = 100%);
(2) teachers in a Utah local education agency who hold a standard Professional License
(target = 95%); and
(3) teachers in a Utah local education agency who have demonstrated preparation in
assigned subject area (target = 95%).
Item
To State Board of Education - Fine Arts Outreach
From Education Fund
5,210,000
From Beginning Nonlapsing Balances
1,540,900
From Closing Nonlapsing Balances
(1,540,900)
Schedule of Programs:
 Professional Outreach Programs in the Schools 4,906,000
Provisional Program 250,000
Subsidy Program 54,000
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Fine Arts Outreach line item. The State Board
of Education shall report to the Office of the Legislative Fiscal Analyst and to the Governor's
Office of Planning and Budget before October 1, 2022, the final status of performance
measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year 2023, the
department shall report the following performance measures:
(1) local education agencies served in a three-year period (target = 100% of districts
and 90% of charters);
(2) number of students and educators receiving services (target = 500,000 students and
26,000 educators); and
(3) efficacy of education programming as determined by peer review (target = 90%).
Item
To State Board of Education - Contracted Initiatives and Grants
From General Fund
7,884,500
From Education Fund
52,859,500
From General Fund Restricted - Autism Awareness Account
50,700
From Revenue Transfers
(167,700)
From Beginning Nonlapsing Balances
17,807,700
From Closing Nonlapsing Balances
(14,893,700)
From Lapsing Balance
(9,000)
Schedule of Programs:
Autism Awareness 41,700
Carson Smith Scholarships 8,153,200
Computer Science Initiatives 117,500
Contracts and Grants 3,252,300
Software Licenses for Early Literacy 10,674,200
Early Warning Pilot Program 325,000
Elementary Reading Assessment Software Tools 3,767,100
General Financial Literacy 465,500
Intergenerational Poverty Interventions 1,051,800
Interventions for Reading Difficulties 366,500
IT Academy 500,000
Kindergarten Supplement Enrichment Program 25,100
Paraeducator to Teacher Scholarships 30,500
Partnerships for Student Success 3,430,900
ProStart Culinary Arts Program 521,500
School Turnaround and Leadership Development
Act 4,043,000
UPSTART 20,300,400
ULEAD 571,500
Supplemental Educational Improvement Matching
Grants 154,700
Competency-Based Education Grants 2,931,700
Special Needs Opportunity Scholarship
Administration 57,900
Education Technology Management System 1,850,000
School Data Collection and Analysis 900,000
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Contracted Initiatives and Grants line item. The
State Board of Education shall report to the Office of the Legislative Fiscal Analyst and to the
Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) Carson Smith Scholarship annual compliance reporting (target = 100%);
(2) number of students served by UPSTART (target = 20,200);
(3) School Turnaround and Leadership Development Act schools meeting the exit
criteria or qualifying for an extension (target = 100%);
(4) Partnerships for Student Success Program average number of partners forming a
partnership with a lead grant applicant within a school feeder pattern (target = 15 partners);
(5) percentage of grade 3 students at Partnerships for Student Success schools who met
reading benchmark at year end (target = 55%);
(6) percentage of grade 8 students at Partnerships for Student Success schools
proficient in mathematics (target = 24%);
(7) high school graduation rate for students at Partnerships for Student Success schools
(target = 86%);
(8) Intergenerational Poverty Interventions Grant Program improvement in reading
proficiency rates for regularly participating after-school students (target = 8 points);
(9) Intergenerational Poverty Interventions Grant Program improvement in
mathematics proficiency rates for regularly participating after-school students (target = 7
points); and
(10) Intergenerational Poverty Interventions Grant Program improvement in science
proficiency rates for regularly participating after-school students (target = 4 points).
Item
To State Board of Education - MSP Categorical
Program Administration
From Education Fund
7,486,100
From Revenue Transfers
(394,500)
From Beginning Nonlapsing Balances
4,463,500
From Closing Nonlapsing Balances
(3,735,300)
Schedule of Programs:
Adult Education 325,600
Beverley Taylor Sorenson Elementary Arts
Learning Program 115,900
CTE Comprehensive Guidance 274,500
Digital Teaching and Learning 520,400
Dual Immersion 601,200
At-risk Students 449,900
Special Education State Programs 265,300
Youth-in-Custody 1,290,100
Early Literacy Program 433,800
CTE Online Assessments 659,300
CTE Student Organizations 1,039,900
State Safety and Support Program 557,600
Student Health and Counseling Support Program 324,600
Early Learning Training and Assessment 961,700
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the MSP Categorical Program Administration line
item. The State Board of Education shall report to the Office of the Legislative Fiscal Analyst
and to the Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) number of schools engaged in Digital Teaching and Learning (target = 740
schools);
(2) professional learning for Dual Immersion educators (target = 1,800 educators);
(3) support for guest Dual Immersion educators (target = 150 educators);
(4) Beverley Taylor Sorenson Elementary Arts Learning Program fidelity of
implementation (target = 50 site visits); and
(5) Beverley Taylor Sorenson Elementary Arts Learning Program survey completion
for schools with intervention when responses show concern for implementation (target =
100%).
Item
To State Board of Education - Regional Education Service Agencies
From Education Fund
2,000,000
Schedule of Programs:
Regional Education Service Agencies 2,000,000
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Regional Education Service Agencies line item.
The State Board of Education shall report to the Office of the Legislative Fiscal Analyst and to
the Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) professional learning services (target = 3,000 educator training hours and 20,000
participation hours);
(2) technical support services (target = 7,000 support hours); and
(3) higher education services (target = 1,500 graduate level credit hours).
Item
To State Board of Education - Science Outreach
From Education Fund
5,765,000
From Beginning Nonlapsing Balances
82,800
From Closing Nonlapsing Balances
(39,700)
Schedule of Programs:
Informal Science Education Enhancement 5,570,000
Provisional Program 238,100
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Science Outreach line item. The State Board of
Education shall report to the Office of the Legislative Fiscal Analyst and to the Governor's
Office of Planning and Budget before October 1, 2022, the final status of performance
measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year 2023, the
department shall report the following performance measures:
(1) student science experiences (target = 380,000);
(2) student field trips (target = 375,000); and
(3) educator professional learning (target = 2,000 educators).
Item
To State Board of Education - Policy, Communication, and Oversight
From General Fund
410,200
From Education Fund
19,963,100
From Federal Funds
157,315,800
From Dedicated Credits Revenue
64,300
From General Fund Restricted - Electronic Cigarette Substance and
Nicotine Product Tax Restricted Account
5,084,200
From General Fund Restricted - Mineral Lease
1,315,800
From Gen. Fund Rest. - Land Exchange Distribution Account
16,200
From General Fund Restricted - School Readiness Account
65,500
From Revenue Transfers
3,786,600
From Uniform School Fund Rest. - Trust Distribution Account
752,400
From Education Fund Restricted - Underage Drinking Prevention
Program Restricted Account
1,751,300
From Beginning Nonlapsing Balances
36,534,200
From Closing Nonlapsing Balances
(8,977,100)
From Lapsing Balance
(64,500)
Schedule of Programs:
Board and Administration 5,312,300
Data and Statistics 2,413,500
Financial Operations 4,106,200
Indirect Cost Pool 8,107,900
Information Technology 14,277,700
Math Teacher Training 110,700
Policy and Communication 2,229,500
School Trust 697,000
Special Education 81,912,000
Student Support Services 98,851,200
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Policy, Communications, and Oversight line
item. The State Board of Education shall report to the Office of the Legislative Fiscal Analyst
and to the Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) educators participating in trauma-informed practices training (target = 6,000); and
(2) local education agency Individuals with Disabilities Education Act noncompliance
correction (target = 100%).
Item
To State Board of Education - System Standards and Accountability
From General Fund
From Education Fund
23,390,900
From Federal Funds
36,884,200
From Dedicated Credits Revenue
6,954,900
From Expendable Receipts
446,000
From General Fund Restricted - Mineral Lease
404,100
From Revenue Transfers
(1,458,300)
From Beginning Nonlapsing Balances
18,044,500
From Closing Nonlapsing Balances
(6,533,000)
Schedule of Programs:
Teaching and Learning 32,146,900
Assessment and Accountability 28,438,400
Career and Technical Education 17,046,700
Teacher Retention in Indigenous Schools Grants 501,400
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the System Standards and Accountability line item.
The State Board of Education shall report to the Office of the Legislative Fiscal Analyst and to
the Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) local education agencies served by Teaching and Learning (target = 100%);
(2) career and technical education professional development (target = 5,500 educators);
(3) Readiness Improvement Success Empowerment (RISE) summative assessments
delivered to the field on schedule (target = March 14, 2023); and
(4) Utah Aspire Plus summative assessments delivered to the field on schedule (target
= March 6, 2023).
Item
To State Board of Education - State Charter School Board
From Education Fund
3,859,300
From Revenue Transfers
(223,200)
From Beginning Nonlapsing Balances
5,444,100
From Closing Nonlapsing Balances
(4,932,100)
Schedule of Programs:
State Charter School Board 4,148,100
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the State Charter School Board line item. The State
Board of Education shall report to the Office of the Legislative Fiscal Analyst and to the
Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) one or more State Charter School Board members or staff members will have met
with State Charter School Board schools (target = 100% by January 2023);
(2) State Charter School Board charter governing board members will have received
training on expectations of governing board members and effective school governance (target =
50% by January 2023); and
(3) charter LEAs authorized by the State Charter School Board will have all the
required policies publicly available and will have posted their meetings, minutes, and
recordings, as required by the Open and Public Meetings Act, or be placed on warning or
probation (target = 100% by end of the 2022-2023 school year).
Item
To State Board of Education - Teaching and Learning
From Education Fund
171,700
From Revenue Transfers
(22,200)
From Beginning Nonlapsing Balances
22,600
Schedule of Programs:
Student Access to High Quality School Readiness Programs 172,100
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Teaching and Learning line item. The State
Board of Education shall report to the Office of the Legislative Fiscal Analyst and to the
Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) in literacy, the percentage of students who participate in High Quality School
Readiness who are proficient (earn Proficiency Level 3) on the Kindergarten Entry and Exit
Profile (KEEP) Entry compared to students who participate in non-High Quality School
Readiness programs tracked by the state (target = 65%);
(2) in numeracy, the percentage of students who participate in High Quality School
Readiness who are proficient (earn Proficiency Level 3) on the KEEP Entry compared to
students who participate in non-High Quality School Readiness programs tracked by the state
(target = 74%); and
(3) significant differences in literacy and numeracy achievement as measured by the
KEEP Entry and grade 3 Readiness Improvement Success Empowerment (RISE) proficiency
(target to be determined by USBE by September 30, 2022).
Item
To State Board of Education - Utah Charter School Finance Authority
From Education Fund Restricted - Charter School Reserve Account
50,000
Schedule of Programs:
Utah Charter School Finance Authority 50,000
Item
To State Board of Education - Utah Schools for the Deaf and the Blind
From Education Fund
36,949,300
From Federal Funds
107,500
From Dedicated Credits Revenue
1,710,100
From Revenue Transfers
6,130,400
From Beginning Nonlapsing Balances
3,517,000
From Closing Nonlapsing Balances 
(3,970,600)
Schedule of Programs:
Support Services 16,000
Administration 9,245,900
Transportation and Support Services 11,301,200
Utah State Instructional Materials Access Center 2,156,600
School for the Deaf 12,506,500
School for the Blind 9,217,500
In accordance with Section 
63J-1-903
, the Legislature intends that the State Board of
Education report performance measures for the Utah Schools for the Deaf and the Blind line
item. The State Board of Education shall report to the Office of the Legislative Fiscal Analyst
and to the Governor's Office of Planning and Budget before October 1, 2022, the final status of
performance measures established in Fiscal Year 2022 appropriations bills. For Fiscal Year
2023, the department shall report the following performance measures:
(1) average growth on vocabulary assessments for the deaf and hard of hearing campus
students (target = greater than 2 standard score points);
(2) outreach educational services - provide contracted outreach services (target =
100%);
(3) deaf-blind educational services - improve communication matrix scores (target =
2.5%); and
(4) average percentage of growth for blind and visually impaired students attending
campus programs (target = 51%).
Item
To State Board of Education - Statewide Online Education
Costs for Non-Public Students
From Education Fund
6,190,700
From Revenue Transfers
(60,900)
From Beginning Nonlapsing Balances
938,200
From Closing Nonlapsing Balances
(642,300)
Schedule of Programs:
Statewide Online Education Program 6,425,700
School and Institutional Trust Fund Office
Item
To School and Institutional Trust Fund Office
From School and Institutional Trust Fund Management Account
3,303,100
Schedule of Programs:
School and Institutional Trust Fund Office 3,303,100
Subsection 5(b). 
Expendable Funds and Accounts.
The Legislature has reviewed the following expendable funds. The Legislature
authorizes the State Division of Finance to transfer amounts between funds and accounts as
indicated. Outlays and expenditures from the funds or accounts to which the money is
transferred may be made without further legislative action, in accordance with statutory
provisions relating to the funds or accounts.
Public Education
State Board of Education
Item
To State Board of Education - Charter School Revolving Account
From Dedicated Credits Revenue
4,600
From Interest Income 
132,200
From Repayments
1,511,400
From Beginning Fund Balance
7,293,000
From Closing Fund Balance
(7,429,800)
Schedule of Programs:
Charter School Revolving Account 1,511,400
Item
To State Board of Education - Hospitality and Tourism
Management Education Account
From Dedicated Credits Revenue
300,000
From Interest Income
5,200
From Beginning Fund Balance
632,800
From Closing Fund Balance
(588,000)
Schedule of Programs:
Hospitality and Tourism Management Education Account 350,000
Item
To State Board of Education - School Building Revolving Account
From Dedicated Credits Revenue
From Interest Income
112,800
From Repayments
1,465,600
From Beginning Fund Balance
10,185,500
From Closing Fund Balance
(10,298,800)
Schedule of Programs:
School Building Revolving Account 1,465,600
Item
To State Board of Education - Charter School Closure Reserve
Account
From Beginning Fund Balance
1,000,000
From Closing Fund Balance
(1,000,000)
Subsection 5(c). 
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
To Uniform School Fund Restricted - Public Education
Economic Stabilization Restricted Account
From Uniform School Fund
248,100,000
From Beginning Fund Balance
632,700
From Closing Fund Balance
(632,700)
Schedule of Programs:
Public Education Economic Stabilization Restricted
Account 248,100,000
Item
To Education Fund Restricted - Minimum Basic Growth Account
From Education Fund
75,000,000
Schedule of Programs:
Education Fund Restricted - Minimum Basic Growth
Account 75,000,000
Item
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
To Local Levy Growth Account
From Education Fund
108,461,300
Schedule of Programs:
Local Levy Growth Account 108,461,300
Item
To Teacher and Student Success Account
From Education Fund
131,953,600
Schedule of Programs:
Teacher and Student Success Account 131,953,600
Subsection 5(d). 
Fiduciary Funds.
The Legislature has reviewed proposed revenues, expenditures, fund balances, and
changes in fund balances for the following fiduciary funds.
Public Education
State Board of Education
Item
To State Board of Education - Education Tax Check-off Lease Refunding
From Beginning Fund Balance
39,600
From Closing Fund Balance
(37,400)
Schedule of Programs:
Education Tax Check-off Lease Refunding 2,200
Item
To State Board of Education - Schools for the Deaf and the
Blind Donation Fund
From Dedicated Credits Revenue
115,000
From Interest Income
5,400
From Beginning Fund Balance
269,900
From Closing Fund Balance
(273,900)
Schedule of Programs:
 Schools for the Deaf and the Blind Donation Fund 116,400
Section 7. 
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, 2022:
(a) Section 
53F-2-301.5
;
(b) Section 5, Fiscal Year 2023 Appropriations;
(c) Subsection 5(a), Operating and Capital Budgets;
(d) Subsection 5(b), Expendable Funds and Accounts;
(e) Subsection 5(c), Restricted Fund and Account Transfers; and
(f) Subsection 5(d), Fiduciary Funds.