Utah Code § 53F-2-316 — Utah Code / Title 53F / Chapter 53F-2 / § 53F-2-316
§ 53F-2-316. Emergency funding for schools with increased enrollment of students learning English.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Interrupted formal education" means a student who was not born in any state and has not been attending one or more schools in any one or more states for at least 2 full academic years. (b) "Student learning English" means a student, currently enrolled at a public elementary or secondary educational institution, who has experienced an interrupted formal education. (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) 40% or more above the previous three-year average enrollment for students learning English in the school; and (ii) 10 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. (c) Notwithstanding Subsection (2)(a), the state board may approve an LEA to receive emergency funding under this section if: (i) the LEA demonstrates a significant enrollment increase of students learning English that does not meet the threshold described in Subsection (2)(a); and (ii) the LEA demonstrates that the enrollment increase creates a substantial need for emergency funding. (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.7/1/2026 (1) As used in this section: (a) "Interrupted formal education" means a student who was not born in any state and has not been attending one or more schools in any one or more states for at least 2 full academic years. (b) "Student learning English" means a student, currently enrolled at a public elementary or secondary educational institution, who has experienced an interrupted formal education. (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) 40% or more above the previous three-year average enrollment for students learning English in the school; and (ii) 10 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. (c) Notwithstanding Subsection (2)(a), the state board may approve an LEA to receive emergency funding under this section if: (i) the LEA demonstrates a significant enrollment increase of students learning English that does not meet the threshold described in Subsection (2)(a); and (ii) the LEA demonstrates that the enrollment increase creates a substantial need for emergency funding. (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.