reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 2 - General Administration of the Minimum School Program › Section 208 - Cost of adjustments for growth and inflation.

Effective 7/1/2023
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) concurrent enrollment courses for accelerated foreign language students described in Section 53E-10-307;
(iii) the Basic Program, described in Part 3, Basic Program (Weighted Pupil Units);
(iv) the Adult Education Program, described in Section 53F-2-401;
(v) state support of pupil transportation, described in Section 53F-2-402;
(vi) the Enhancement for Accelerated Students Program, described in Section 53F-2-408;
(vii) the Concurrent Enrollment Program, described in Section 53F-2-409;
(viii) the juvenile gang and other violent crime prevention and intervention program, described in Section 53F-2-410; and
(ix) dual language immersion, described in Section 53F-2-502; 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.
(3) If the Executive Appropriations Committee includes in the public education base budget or the final public education budget an increase in the value of the WPU in excess of the amounts described in Subsection (1)(a), the Executive Appropriations Committee shall also include an appropriation to the Local Levy Growth Account established in Section 53F-9-305 in an amount equivalent to at least 0.5% of the total amount appropriated for WPUs in the relevant budget.
Amended by Chapter 129, 2023 General Session
Amended by Chapter 161, 2023 General Session
Amended by Chapter 356, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 2 - General Administration of the Minimum School Program › Section 209 - Limited LEA budgetary flexibility.

Affected by 63I-2-253 on 7/1/2024
Effective 7/1/2023
53F-2-209.
Limited LEA budgetary flexibility.
(1) Notwithstanding any other provision of the Utah Code:
(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;
(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) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding LEA record-keeping of flexible uses of restricted funds under this section.
(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.
Amended by Chapter 467, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 2 - General Administration of the Minimum School Program › Section 210 - Use of data to determine funding in fiscal years 2021 and 2022.

Effective 7/1/2021
53F-2-210.
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).
Enacted by Chapter 439, 2021 General Session
Technically renumbered to avoid duplication of section number also enacted in SB178, Chapter 341.
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 3 - Basic Program (Weighted Pupil Units) › Section 302 - Determination of weighted pupil units.

Effective 7/1/2023
53F-2-302.
Determination of weighted pupil units.
(1) The number of weighted pupil units in the Minimum School Program for each year is the total of the units for each school district and, subject to Subsection (5), charter school, determined in accordance with this section.
(2) The number of weighted pupil units is computed by adding the average daily membership of all pupils of the school district or charter school attending schools, other than self-contained classes for children with a disability.
(3)
(a) Except as provided in Subsection (3)(b), for a fiscal year beginning on or after July 1, 2023, the number of weighted pupil units for kindergarten students shall be computed by adding the average daily membership of all pupils of the school district or charter school enrolled in kindergarten.
(b) The number of weighted pupil units is computed by multiplying the average daily membership for the number of students who are enrolled in kindergarten for less than the equivalent length of the schedule for grades 1 through 3, based on the October 1 data described in Section 53F-2-302, by .55.
(4)
(a) The state board shall use prior year plus growth to determine average daily membership in distributing money under the Minimum School Program where the distribution is based on kindergarten through grade 12 ADMs or weighted pupil units.
(b) Under prior year plus growth, kindergarten through grade 12 average daily membership for the current year is based on the actual kindergarten through grade 12 average daily membership for the previous year plus an estimated percentage growth factor.
(c) The growth factor is the percentage increase in total average daily membership on the first school day of October in the current year as compared to the total average daily membership on the first school day of October of the previous year.
(5) In distributing funds to charter schools under this section, charter school pupils shall be weighted, where applicable, as follows:
(a) except as provided in Subsection (3)(b), .9 for pupils in kindergarten through grade 6;
(b) .99 for pupils in grades 7 through 8; and
(c) 1.2 for pupils in grades 9 through 12.
Amended by Chapter 347, 2023 General Session
Amended by Chapter 467, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 3 - Basic Program (Weighted Pupil Units) › Section 302.1 - Enrollment Growth Contingency Program.

Effective 7/1/2023
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 Section 53F-2-302.
(2) There is created the Enrollment Growth Contingency Program to mitigate funding impacts on an LEA resulting from student enrollment irregularities regarding kindergarten.
(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 fund additional WPUs if the student enrollment count for kindergarten exceeds the amount of legislative appropriations for kindergarten.
Amended by Chapter 347, 2023 General Session
Amended by Chapter 467, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 3 - Basic Program (Weighted Pupil Units) › Section 303 - Foreign exchange student weighted pupil units.

Effective 7/1/2022
53F-2-303.
Foreign exchange student weighted pupil units.
(1) A school district or charter school may include foreign exchange students in the district's or school's membership and attendance count for the purpose of apportionment of state money, except as provided in Subsections (2) through (5).
(2)
(a) Notwithstanding Section 53F-2-302, foreign exchange students may not be included in average daily membership for the purpose of determining the number of weighted pupil units in the grades 1-12 basic program.
(b) Subject to the limitation in Subsection (3), and except as provided in Subsection (5), the number of weighted pupil units in the grades 1-12 basic program attributed to foreign exchange students shall be equal to the number of foreign exchange students who were:
(i) enrolled in a school district or charter school on October 1 of the previous fiscal year; and
(ii) sponsored by an agency approved by the district's local school board or charter school's governing board.
(3)
(a) Except as provided in Subsection (5), the total number of foreign exchange students in the state that may be counted for the purpose of apportioning state money under Subsection (2) shall be the greater of:
(i) 0.0025 of students enrolled in grades 10 through 12 in public schools in the state on October 1 of the previous fiscal year; or
(ii) 328 foreign exchange students.
(b) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the cap on the number of foreign exchange students that may be counted for the purpose of apportioning state money under Subsection (2).
(4) Notwithstanding Section 53F-2-601, weighted pupil units in the grades 1-12 basic program for foreign exchange students, as determined by Subsections (2) and (3), may not be included for the purposes of determining a school district's state guarantee money under Section 53F-2-601.
(5) This section does not apply to the 2020-2021 academic year.
Amended by Chapter 409, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 3 - Basic Program (Weighted Pupil Units) › Section 305 - Professional staff weighted pupil units.

Effective 5/4/2022
53F-2-305.
Professional staff weighted pupil units.
(1) Professional staff weighted pupil units are computed and distributed in accordance with the following schedule:
(a) Professional Staff Cost Formula
Years of Experience
Bachelor's Degree
Bachelor's
+30 Qt. Hr.
Master's DegreeMaster's Degree
+45 Qt. Hr.
Doctorate
11.001.051.101.151.20
21.051.101.151.201.25
31.101.151.201.251.30
41.151.201.251.301.35
51.201.251.301.351.40
61.251.301.351.401.45
71.301.351.401.451.50
81.351.401.451.501.55
91.501.551.60
101.601.65
111.70
(b) Multiply the number of full-time or equivalent professional personnel in each applicable experience category in Subsection (1)(a) by the applicable weighting factor.
(c) Divide the total of Subsection (1)(b) by the number of professional personnel included in Subsection (1)(b) and reduce the quotient by 1.00.
(d) Multiply the result of Subsection (1)(c) by 1/4 of the weighted pupil units computed in accordance with Sections 53F-2-302 and 53F-2-304.
(2) The state board shall enact rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that require a certain percentage of a school district's or charter school's professional staff to be certified in the area in which the staff teaches in order for the school district or charter school to receive full funding under the schedule.
(3) If an individual's teaching experience is a factor in negotiating a contract of employment to teach in the state's public schools, then the LEA governing board is encouraged to accept as credited experience all of the years the individual has taught in the state's public schools.
(4) The professional personnel described in Subsection (1) shall include an individual employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind who holds:
(a) a license in the field of social work issued by the Division of Professional Licensing; and
(b) a position as a social worker.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 3 - Basic Program (Weighted Pupil Units) › Section 308 - Preschool special education appropriation -- Extended year program appropriation -- Appropriation for special education programs in state institutions -- Appropriations for stipends for special educators.

Effective 5/14/2019
53F-2-308.
Preschool special education appropriation -- Extended year program appropriation -- Appropriation for special education programs in state institutions -- Appropriations for stipends for special educators.
(1)
(a) Money appropriated to the state board for the preschool special education program shall be allocated to school districts to provide a free, appropriate public education to preschool students with a disability, ages three through five.
(b) The money shall be distributed on the basis of the school district's count of preschool children with a disability for December 1 of the previous year, as mandated by federal law.
(2) Money appropriated for the extended school year program for children with a severe disability shall be limited to students with severe disabilities with education program goals identifying significant regression and recoupment disability as approved by the state board.
(3)
(a) Money appropriated for self-contained regular special education programs may not be used to supplement other school programs.
(b) Money in any of the other restricted line item appropriations may not be reduced more than 2% to be used for purposes other than those specified by the appropriation, unless otherwise provided by law.
(4)
(a) The state board shall compute preschool funding by a factor of 1.47 times the current December 1 child count of eligible preschool aged three, four, and five-year-olds times the WPU value, limited to 8% growth over the prior year December 1 count.
(b) The state board shall develop guidelines to implement the funding formula for preschool special education, and establish prevalence limits for distribution of the money.
(5) Of the money appropriated for Special Education - State Programming, the state board shall distribute the revenue generated from 909 WPUs to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for stipends to special educators for additional days of work pursuant to the requirements of Section 53F-2-310.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 3 - Basic Program (Weighted Pupil Units) › Section 310 - Stipends for special educators for additional days of work.

Effective 5/14/2019
53F-2-310.
Stipends for special educators for additional days of work.
(1) As used in this section:
(a) "Special education teacher" means a teacher whose primary assignment is the instruction of students with disabilities who are eligible for special education services.
(b) "Special educator" means a person employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind who holds:
(i) a license issued by the state board; and
(ii) a position as a:
(A) special education teacher;
(B) speech-language pathologist; or
(C) teacher of the deaf or hard of hearing;
(2) The Legislature shall annually appropriate money for stipends to special educators for additional days of work:
(a) in recognition of the added duties and responsibilities assumed by special educators to comply with federal law regulating the education of students with disabilities and the need to attract and retain qualified special educators; and
(b) subject to future budget constraints.
(3)
(a) The state board shall distribute money appropriated under this section to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for stipends for special educators in the amount of $200 per day for up to 10 additional working days.
(b) Money distributed under this section shall include, in addition to the $200 per day stipend, money for the following employer-paid benefits:
(i) retirement;
(ii) workers' compensation;
(iii) Social Security; and
(iv) Medicare.
(4) A special educator receiving a stipend shall:
(a) work an additional day beyond the number of days contracted with the special educator's school district or school for each daily stipend;
(b) schedule the additional days of work before or after the school year; and
(c) use the additional days of work to perform duties related to the IEP process, including:
(i) administering student assessments;
(ii) conducting IEP meetings;
(iii) writing IEPs;
(iv) conferring with parents; and
(v) maintaining records and preparing reports.
(5) A special educator may:
(a) elect to receive a stipend for one to 10 days of additional work; or
(b) elect to not receive a stipend.
(6) A person who does not hold a full-time position as a special educator is eligible for a partial stipend equal to the percentage of a full-time special educator position the person assumes.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 3 - Basic Program (Weighted Pupil Units) › Section 312 - Appropriation for class size reduction.

Effective 8/31/2020
53F-2-312.
Appropriation for class size reduction.
(1) Money appropriated to the state board for class size reduction shall be used to reduce the average class size in kindergarten through grade 8 in the state's public schools.
(2) A school district or charter school shall receive an allocation for class size reduction based on the school district or charter school's prior year average daily membership plus growth in kindergarten through grade 8 as determined under Section 53F-2-302 compared to the total prior year average daily membership plus growth in kindergarten through grade 8 statewide.
(3)
(a) An LEA governing board may use an allocation to reduce class size in any one or all of the grades referred to under this section, except as otherwise provided in Subsection (3)(b).
(b)
(i) An LEA governing board shall use 50% of an allocation to reduce class size in any one or all of grades kindergarten through grade 2, with an emphasis on improving student reading skills.
(ii) If a school district's or charter school's average class size is below 18 students in kindergarten through grade 2, an LEA governing board may petition the state board for, and the state board may grant, a waiver of the requirement described in Subsection (3)(b)(i).
(4) A school may use nontraditional innovative and creative methods to reduce class sizes with this appropriation and may use part of an allocation to focus on class size reduction for specific groups, such as at risk students, or for specific blocks of time during the school day.
(5)
(a) An LEA governing board may use up to 20% of an allocation under this section for capital facilities projects if such projects would help to reduce class size.
(b) If a school district's or charter school's student population increases by at least 5% or at least 700 students from the previous school year, the LEA governing board may use up to 50% of an allocation received by the school district or charter school under this section for classroom construction.
(6) This appropriation is to supplement any other appropriation made for class size reduction.
(7) The Legislature shall provide for an annual adjustment in the appropriation authorized under this section in proportion to the increase in the number of students in the state in kindergarten through grade 8.
Amended by Chapter 9, 2020 Special Session 6
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 3 - Basic Program (Weighted Pupil Units) › Section 314 - Weighted pupil units for students who are at-risk.

Effective 1/1/2024
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)
(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.
Amended by Chapter 409, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 401 - Appropriation for adult education programs.

Effective 5/14/2019
53F-2-401.
Appropriation for adult education programs.
(1) Money appropriated to the state board for adult education shall be allocated to school districts for adult high school completion and adult basic skills programs.
(2)
(a) The state board and the Department of Corrections, subject to legislative appropriation, are responsible for providing the programs described in Subsection (1) to individuals in the custody of the Department of Corrections.
(b) To fulfill the responsibility described in Subsection (2)(a), the state board and the Department of Corrections shall, where feasible, contract with appropriate private or public agencies to provide educational and related administrative services.
(c) The state board shall allocate at least 15% of the money appropriated to the state board for adult education to support the programs for which the state board and the Department of Corrections are responsible under this Subsection (2).
(3)
(a) For money that is not allocated under Subsection (2)(c), each school district shall receive a pro rata share of the appropriation for adult high school completion programs based on the number of people in the school district listed in the latest official census who are over 18 years of age and who do not have a high school diploma and prior year participation or as approved by state board rule.
(b) On February 1 of each school year, the state board shall recapture money not used for an adult high school completion program described in Subsection (3)(a) for reallocation to school districts that have implemented programs based on need and effort as determined by the state board.
(4) To the extent of money available, school districts shall provide program services to adults who do not have a diploma and who intend to graduate from high school, with particular emphasis on homeless individuals who are seeking literacy and life skills.
(5) Overruns in adult education in any school district may not reduce the value of the weighted pupil unit for this program in another school district.
(6) School districts shall spend money on adult basic skills programs according to standards established by the state board.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 402 - State support of pupil transportation.

Effective 7/1/2022
53F-2-402.
State support of pupil transportation.
(1) Money appropriated to the state board for state-supported transportation of public school students shall be apportioned and distributed in accordance with Section 53F-2-403, except as otherwise provided in this section.
(2)
(a) The Utah Schools for the Deaf and the Blind shall use an allocation of pupil transportation money to pay for transportation of students based on current valid contractual arrangements and best transportation options and methods as determined by the schools.
(b) All student transportation costs of the schools shall be paid from the allocation of pupil transportation money specified in statute.
(3)
(a) A local school board may only claim eligible transportation costs as legally reported on the prior year's annual financial report submitted under Section 53G-4-404.
(b) The state shall contribute up to 85% of approved transportation costs for each school district, subject to budget constraints.
(c) If in a fiscal year the total transportation allowance for all school districts exceeds the amount appropriated for that purpose, all allowances shall be reduced pro rata to equal not more than the amount appropriated.
Amended by Chapter 409, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 403 - Eligibility for state-supported transportation -- Approved bus routes.

Effective 5/5/2021
53F-2-403.
Eligibility for state-supported transportation -- Approved bus routes.
(1) A student eligible for state-supported transportation means:
(a) a student enrolled in kindergarten through grade 6 who lives at least 1-1/2 miles from school;
(b) a student enrolled in grades 7 through 12 who lives at least two miles from school; and
(c) a student enrolled in a special program offered by a school district and approved by the state board for trainable, motor, multiple-disability, or other students with severe disabilities who are incapable of walking to school or where it is unsafe for students to walk because of their disabling condition, without reference to distance from school.
(2) If a school district implements double sessions as an alternative to new building construction, with the approval of the state board, those affected elementary school students residing less than 1-1/2 miles from school may be transported one way to or from school because of safety factors relating to darkness or other hazardous conditions as determined by the local school board.
(3)
(a) The state board shall distribute transportation money to school districts based on:
(i) an allowance per mile for approved bus routes;
(ii) an allowance per hour for approved bus routes; and
(iii) a minimum allocation for each school district eligible for transportation funding.
(b)
(i) Except as provided in Subsection (3)(b)(ii), the state board shall distribute appropriated transportation funds based on the prior year's eligible transportation costs as legally reported under Subsection 53F-2-402(3).
(ii) The state board shall distribute state appropriations for transportation for fiscal years 2021 and 2022 using fiscal year 2019 eligible transportation costs described in Subsection 53F-2-402(3).
(c) The state board shall annually review the allowance per mile and the allowance per hour and adjust the allowances to reflect current economic conditions.
(4)
(a) Approved bus routes for funding purposes shall be determined on fall data collected by October 1.
(b) Approved route funding shall be determined on the basis of the most efficient and economic routes.
(5) A Transportation Advisory Committee with representation from school district superintendents, business officials, school district transportation supervisors, and state board employees shall serve as a review committee for addressing school transportation needs, including recommended approved bus routes.
(6) A local school board may provide for the transportation of students regardless of the distance from school, from general funds of the school district.
Amended by Chapter 303, 2021 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 407 - Appropriation for library books and electronic resources.

Effective 5/14/2019
53F-2-407.
Appropriation for library books and electronic resources.
(1) The state board shall distribute money appropriated for library books and electronic resources as follows:
(a) 25% shall be divided equally among all public schools; and
(b) 75% shall be divided among public schools based on each school's average daily membership as compared to the total average daily membership.
(2) A school district or charter school may not use money distributed under Subsection (1) to supplant other money used to purchase library books or electronic resources.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 408 - Enhancement for Accelerated Students Program.

Effective 5/12/2020
53F-2-408.
Enhancement for Accelerated Students Program.
(1) As used in this section, "local education agency" or "LEA" means:
(a) a school district; or
(b) a charter school.
(2)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to establish a formula to distribute money appropriated for the Enhancement for Accelerated Students Program.
(b) The state board shall consult with LEAs before making the rules described in Subsection (2)(a).
(3) A distribution formula adopted under Subsection (2) shall:
(a) include an allocation of money for gifted and talented programs; and
(b) prioritize funding to increase access to gifted and talented programs for groups of students who are underrepresented in gifted and talented programs.
(4) A school district or charter school shall use money distributed under this section to enhance the academic growth of students whose academic achievement is accelerated.
(5) The state board shall develop performance criteria to measure the effectiveness of the Enhancement for Accelerated Students Program.
(6) If a school district or charter school receives an allocation of less than $10,000 under this section, the school district or charter school may use the allocation as described in Section 53F-2-206.
Amended by Chapter 378, 2020 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 408.5 - Early college programs.

Effective 5/3/2023
53F-2-408.5.
Early college programs.
(1) As used in this section:
(a) " Advanced Placement course" means a rigorous course developed by the College Board that:
(i) is developed by a committee composed of college faculty and Advanced Placement teachers and covers the breadth of information, skills, and assignments found in the corresponding college course; and
(ii) for which a student who performs well on an exam for the course may be:
(A) granted college credit; or
(B) given advanced standing at a college or university.
(b) "Eligible low income student" means a student who:
(i) takes an Advanced Placement course test;
(ii) has applied for an Advanced Placement course test fee reduction; and
(iii) qualifies for a free lunch or a lunch provided at a reduced cost.
(c) "International Baccalaureate program" means a program established by the International Baccalaureate Organization.
(d) "Local education agency" or "LEA" means:
(i) a school district; or
(ii) a charter school.
(2)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to establish a formula to distribute money appropriated for the early college programs described in Subsection (2)(b).
(b) The formula described in Subsection (2)(a) shall:
(i) include an allocation of money for the following early college programs:
(A) Advanced Placement courses; and
(B) International Baccalaureate programs; and
(ii) prioritize funding to:
(A) increase access to early college programs for groups of students who are underrepresented in early college programs; and
(B) cover the cost of each early college program test taken by a student experiencing socioeconomic disadvantage.
(c) The state board shall consult with LEAs before making the rules described in Subsection (2)(a).
(3)
(a) An LEA shall use money distributed under this section for the purposes described in Subsection (2)(b), prioritizing the cost of tests described in Subsection (2)(b)(ii)(B) before using the remainder of the money for other allowable uses.
(b) An LEA may charge the restricted rate for indirect costs in Advanced Placement and International Baccalaureate programs.
(4) The state board shall develop performance criteria to measure the effectiveness of the early college programs described in this section.
(5) If an LEA receives an allocation of less than $10,000 for the early college programs described in this section, the LEA may use the allocation as described in Section 53F-2-206.
Amended by Chapter 135, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 409 - Concurrent enrollment funding.

Effective 7/1/2022
53F-2-409.
Concurrent enrollment funding.
(1) The terms defined in Section 53E-10-301 apply to this section.
(2) The state board shall allocate money appropriated for concurrent enrollment in accordance with this section.
(3)
(a) The state board shall allocate money appropriated for concurrent enrollment in proportion to the number of credit hours earned for courses taken for which:
(i) an LEA primarily bears the cost of instruction; and
(ii) an institution of higher education primarily bears the cost of instruction.
(b) From the money allocated under Subsection (3)(a)(i), the state board shall distribute:
(i) 60% of the money to LEAs; and
(ii) 40% of the money to the Utah Board of Higher Education.
(c) From the money allocated under Subsection (3)(a), the state board shall distribute:
(i) 40% of the money to LEAs; and
(ii) 60% of the money to the Utah Board of Higher Education.
(d) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the money to LEAs under Subsections (3)(b)(i) and (3)(c)(i).
(e) The Utah Board of Higher Education shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the distribution of the money allocated to institutions of higher education under Subsections (3)(b)(ii) and (3)(c)(ii).
(4) Subject to budget constraints, the Legislature shall annually modify the amount of money appropriated for concurrent enrollment in proportion to the percentage increase or decrease over the previous school year in:
(a) the number of statewide course credits earned; and
(b) the value of the weighted pupil unit.
(5)
(a) An LEA that receives money under this section may prioritize using the money to increase access to concurrent enrollment for groups of students who are underrepresented in concurrent enrollment.
(b) If an LEA receives an allocation of less than $10,000 under this section, the LEA may use the allocation as described in Section 53F-2-206.
(c) An LEA shall:
(i) use program funds to increase access to concurrent enrollment courses for students experiencing socioeconomic disadvantage, including by paying student fees related to the student's participation in a concurrent enrollment course, except fees for textbooks; and
(ii) allocate funding equal to the cost of fees described in Subsection (5)(c)(i), excluding fees for textbooks, from the LEA's total allocation of concurrent enrollment funding before allocating the remainder of program funds for a use described in Subsections (5)(a) and (5)(b).
(6) An LEA may charge a restricted rate for indirect costs in concurrent enrollment programs.
Amended by Chapter 383, 2022 General Session
Amended by Chapter 409, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 410 - Juvenile gang and other violent crime prevention and intervention program -- Funding.

Effective 5/3/2023
53F-2-410.
Juvenile gang and other violent crime prevention and intervention program -- Funding.
(1) Subject to appropriations by the Legislature, the state board shall:
(a) create a juvenile gang and other violent crime prevention and intervention program that is designed to help students at risk for violent criminal involvement stay in school; and
(b) distribute money under the program to school districts and charter schools through the distribution formula described in Subsection (2).
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that:
(a) establish a formula to distribute program funding to schools in school districts and charter schools that:
(i) uses the data reported to the state board under Section 80-6-104; and
(ii) prioritizes the schools in school districts and charter schools based on the prevalence of crimes committed by minors within the boundaries of each municipality where a school is located;
(b) annually adjust the distribution of program funding using the data reported to the state board under Section 80-6-104; and
(c) establish baseline performance standards that school districts or charter schools are required to meet in order to receive funding under the program.
(3)
(a) A school district or a charter school seeking program funding shall submit a proposal to the state board that:
(i) describes how the school district or charter school intends to use the funds; and
(ii) provides data related to Subsection (2)(a)(ii).
(b) The state board shall allocate funding on a per student basis to prioritized school districts and charter schools that submit a successful proposal under Subsection (3)(a).
(4) The state board may not distribute funds to a school district or a charter school that fails to meet performance standards described in Subsection (2)(c).
(5) A school district or a charter school that is awarded funds under this section shall submit a report to the state board that includes details on:
(a) how the school district or the charter school used the funds; and
(b) the school district's, or the charter school's, compliance with the performance standards described in Subsection (2)(c).
Amended by Chapter 98, 2023 General Session, (Coordination Clause)
Repealed and Re-enacted by Chapter 161, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 411 - Appropriation for Title I Schools in Improvement Paraeducators Program.

Effective 5/14/2019
53F-2-411.
Appropriation for Title I Schools in Improvement Paraeducators Program.
(1) As used in this section:
(a) "Eligible school" means a Title I school that has not achieved adequate yearly progress, as defined in the No Child Left Behind Act of 2001, 20 U.S.C. Sec. 6301 et seq. in the same subject area for two consecutive years.
(b) "Paraeducator" means a school employee who:
(i) delivers instruction under the direct supervision of a teacher; and
(ii) meets the requirements under Subsection (3).
(c) "Program" means the Title I Schools in Improvement Paraeducators Program created in this section.
(2) The program is created to provide funding for eligible schools to hire paraeducators to provide additional instructional aid in the classroom to assist students in achieving academic success and assist the school in exiting Title I school improvement status.
(3) A paraeducator who is funded under this section shall have:
(a) earned a secondary school diploma or a recognized equivalent;
(b)
(i) completed at least two years with a minimum of 48 semester hours at an accredited higher education institution;
(ii) obtained an associates or higher degree from an accredited higher education institution; or
(iii) satisfied a rigorous state or local assessment about the individual's knowledge of, and ability to assist in instructing students in, reading, writing, and mathematics; and
(c) received large group-, small group-, and individual-level professional development that is intensive and focused and covers curriculum, instruction, assessment, classroom and behavior management, and teaming.
(4) The state board shall distribute money appropriated for the program to eligible schools, in accordance with rules adopted by the state board.
(5) Funds appropriated under the program may not be used to supplant other money used for paraeducators at eligible schools.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 416 - Appropriation and distribution for the Teacher and Student Success Program.

Effective 5/12/2020
53F-2-416.
Appropriation and distribution for the Teacher and Student Success Program.
(1) The terms defined in Section 53G-7-1301 apply to this section.
(2) Subject to future budget constraints, the Legislature shall annually appropriate money from the Teacher and Student Success Account described in Section 53F-9-306 to the state board for the Teacher and Student Success Program.
(3) Except as provided in Subsection (5)(a), the state board shall calculate an amount to distribute to an LEA that is the product of:
(a) the percentage of weighted pupil units in the LEA compared to the total number of weighted pupil units for all LEAs in the state; and
(b) the amount of the appropriation described in Subsection (2), less the amount calculated, in accordance with state board rule, for:
(i) an LEA that is in the LEA's first year of operation; and
(ii) the Utah Schools for the Deaf and the Blind.
(4) The state board shall distribute to an LEA an amount calculated for the LEA as described in Subsection (3) if the LEA governing board of the LEA has submitted an LEA governing board student success framework as required by the program.
(5) In accordance with this section, Title 53G, Chapter 7, Part 13, Teacher and Student Success Program, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board:
(a) shall make rules to calculate an LEA distribution for:
(i) an LEA that is in the LEA's first year of operation; and
(ii) the Utah Schools for the Deaf and the Blind, taking into account all students who receive services from the Utah Schools for the Deaf and the Blind, regardless of whether a student is enrolled in another LEA; and
(b) may make rules to distribute funds as described in this section.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 417 - Rural school district transportation grants.

Effective 5/12/2020
53F-2-417.
Rural school district transportation grants.
(1) Subject to legislative appropriations and Subsection (2), the state board shall award a grant for a school district to provide:
(a) transportation to students who are not eligible for state-supported transportation under Section 53F-2-403;
(b) transportation for students to and from student activities and field trips; or
(c) replacement school buses.
(2) The state board may only award a grant described in Subsection (1) to a school district that:
(a) qualifies for transportation money under Section 53F-2-403;
(b) is located in a county of the fourth, fifth, or sixth class, as defined in Section 17-50-501;
(c) provides matching money, from the school district's board local levy described in Section 53F-8-302, in an amount equal to the grant the school district receives from the state board under this section; and
(d) dedicates the total grant and matching money to a transportation purpose described in Subsection (1).
(3) The state board shall determine the amount of a grant to award a school district based on the prior-year miles traveled for purposes described in Subsections (1)(a) and (b).
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to establish, for a grant described in this section, procedures for:
(a) a school district to apply for a grant; and
(b) awarding a grant.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 419 - English language learner software.

Effective 5/3/2023
53F-2-419.
English language learner software.
(1) Subject to legislative appropriations, the state board shall:
(a) allocate the appropriation of funds under this section to an LEA for English language learner software and hardware instructional materials and licenses for English language learner instruction and support; and
(b) make the allocation described in Subsection (1)(a)
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 software used for English language learner instruction.
Amended by Chapter 127, 2023 General Session