Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 42 (2025GS)

Sponsor

Rep. Pierucci, Candice B.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines a term;
• provides a local education agency (LEA) with emergency funding if enrollment of students learning English meets or exceeds a threshold;
• requires the state board to oversee an application process and distribute emergency funds; and
• instructs an LEA on the use of emergency funds.

Every vote on this bill

Bill text

9
53F-2-314
53F-2-315
0
English Learner Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: Heidi Balderree
LONG TITLE
General Description:
This bill provides emergency funding to schools experiencing a significant increase in 
English language learner enrollment.
Highlighted Provisions:
This bill:
defines a term;
provides a local education agency (LEA) with emergency funding if enrollment of 
students learning English meets or exceeds a threshold;
requires the state board to oversee an application process and distribute emergency funds; 
and
instructs an LEA on the use of emergency funds.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-2-314
, as last amended by Laws of Utah 2022, Chapter 409
ENACTS:
53F-2-315
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53F-2-314
 is amended to read:
53F-2-314
. Weighted pupil units for students who are at-risk.
(1)
As used in this section:
(a)
"At risk" means that a public education student:
(i)
scores below proficient on a state board or LEA approved assessment; or
(ii)
meets an LEA governing board's approved definition of an at-risk student.
(b)
"Limited English proficiency" means that an English learner student received a score 
of 1-4 on an English language proficiency assessment.
(2)
(a)
Additional weighted pupil units for students who are at-risk are computed based 
on the number of students within each LEA on October 1 of the previous school year 
as follows, added to a base of five WPUs for each LEA:
(i)
for the fiscal year beginning on July 1, 2021:
(A)
for each student who is eligible to receive free or reduced price lunch, .05 
additional weighted pupil units; and
(B)
for each student with limited English proficiency, .025 additional weighted 
pupil units; and
(ii)
for each fiscal year after the fiscal year described in Subsection 
(2)(a)(i)
, the 
additional weighed pupil units shall increase, subject to the approval of the 
Executive Appropriations Committee, by amounts that the Public Education 
Appropriations Subcommittee recommends in the subcommittee's evaluation and 
recommendations described in Section 
53E-1-202.2
, up to:
(A)
for each student who is eligible to receive free or reduced price lunch, .3 total 
weighted pupil units; and
(B)
for each student with limited English proficiency, up to .1 total weighted pupil 
units.
(b)
Funding for a student who falls within both Subsections 
(2)(a)(i)(A)
 and 
(B)
 shall be 
computed under both weighting factors.
(3)
An LEA governing board shall use money distributed under this section to improve the 
academic achievement of students who are at-risk.
(4)
The state board may use nonlapsing funds remaining under this section from a prior 
school year to provide the emergency funding described in Section 
53F-2-315
.
(4)
(5)
(a)
Annually, an LEA shall provide the following information to the state board:
(i)
a report of the LEA's use of funds allocated under this section through the annual 
financial reporting process; and
(ii)
the LEA's outcome data or a report of intervention effectiveness related to the use 
of the LEA's use of funds allocated under this section.
(b)
The state board shall monitor the learning outcomes resulting from the LEA's use of 
funds under this section.
Section 2, Section 
53F-2-315
 is enacted to read:
53F-2-315
. Emergency funding for schools with increased enrollment of students 
learning English.
(1)
As used in this section, "student learning English" means a student, currently enrolled at 
a public elementary or secondary educational institution, whose most recent score on an 
English language proficiency assessment is the lowest score available under the given 
assessment.
(2)
(a)
An LEA may receive emergency funding from the state board if enrollment, at a 
school within the LEA, of students learning English increases by:
(i)
75% or more above the previous three-year average enrollment for students 
learning English in the school; and
(ii)
30 or more students above the previous three-year average enrollment for 
students learning English in the school.
(b)
An LEA shall ensure that an application the LEA submits under Subsection (3)(a):
(i)
demonstrates substantial need for the emergency funding;
(ii)
includes the percentage by which the school's student learning English enrollment 
exceeds the previous three-year average for the school; and
(iii)
demonstrates that the school has insufficient existing funds to adequately support 
the increased student learning English enrollment.
(3)
The state board shall:
(a)
establish and oversee the application process to award emergency funding;
(b)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
create rules to:
(i)
determine a method for measuring an increase in enrollment at a school; and
(ii)
identify a school that meets the threshold requirement described in Subsection 
(2)(a)
; and
(c)
subject to the availability of funds or legislative appropriations, prioritize 
applications and distribute funding based on:
(i)
the greatest percentage increase in students learning English enrollment in the 
school; and
(ii)
the severity of the financial need of the school.
(4)
An LEA shall use emergency funds received under this section to:
(a)
provide training or certification to teachers on the instruction of a student learning 
English;
(b)
reduce the number of students learning English in a class;
(c)
hire an aide to assist with students learning English in the classroom; or
(d)
provide other resources specific to the needs of a student learning English.
(5)
An LEA may not use emergency funding received under this section for administrative 
expenses.
(6)
(a)
The state board shall draw the emergency funding described in Subsection (2)(a) 
from nonlapsing funds remaining in the at-risk weighted pupil unit described in 
Section 
53F-2-314
.
(b)
The state board may not draw, from the at-risk weighted pupil unit, more than 
$500,000, per fiscal year, for the emergency funding described in this section.
Section 3. 
Effective Date.
This bill takes effect on 
July 1, 2025
.
3-6-25 2:03 PM