Affected by 63I-2-253 on 7/1/2023
Effective 7/1/2021
53F-2-205. Powers and duties of state board to adjust Minimum School Program allocations — Use of remaining funds at the end of a fiscal year.
- (1) As used in this section:
- (a) “ESEA” means the Elementary and Secondary Education Act of 1965, 20 U.S.C. Sec. 6301 et seq.
- (b) “Program” means a program or allocation funded by a line item appropriation or other appropriation designated as:
- (i) Basic Program;
- (ii) Related to Basic Programs;
- (iii) Voted and Board Levy Programs; or
- (iv) Minimum School Program.
- (2) Except as provided in Subsection (3) or (5), if the number of weighted pupil units in a program is underestimated, the state board shall reduce the value of the weighted pupil unit in that program so that the total amount paid for the program does not exceed the amount appropriated for the program.
- (3) If the number of weighted pupil units in a program is overestimated, the state board shall spend excess money appropriated for the following purposes giving priority to the purpose described in Subsection (3)(a):
- (a) to support the value of the weighted pupil unit in a program within the basic state-supported school program in which the number of weighted pupil units is underestimated;
- (b) to support the state guaranteed local levy increments as defined in Section 53F-2-601, if:
- (i) local contributions to the voted local levy program or board local levy program are overestimated; or
- (ii) the number of weighted pupil units within school districts qualifying for a guarantee is underestimated;
- (c) to support the state supplement to local property taxes allocated to charter schools, if the state supplement is less than the amount prescribed by Section 53F-2-704;
- (d) to fund the cost of the salary supplements described in Section 53F-2-504; or
- (e) to support a school district with a loss in student enrollment as provided in Section 53F-2-207.
- (4) If local contributions from the minimum basic tax rate imposed under Section 53F-2-301 or 53F-2-301.5, as applicable, are overestimated, the state board shall reduce the value of the weighted pupil unit for all programs within the basic state-supported school program so the total state contribution to the basic state-supported school program does not exceed the amount of state funds appropriated.
- (5) If local contributions from the minimum basic tax rate imposed under Section 53F-2-301 or 53F-2-301.5, as applicable, are underestimated, the state board shall:
- (a) spend the excess local contributions for the purposes specified in Subsection (3), giving priority to supporting the value of the weighted pupil unit in programs within the basic state-supported school program in which the number of weighted pupil units is underestimated; and
- (b) reduce the state contribution to the basic state-supported school program so the total cost of the basic state-supported school program does not exceed the total state and local funds appropriated to the basic state-supported school program plus the local contributions necessary to support the value of the weighted pupil unit in programs within the basic state-supported school program in which the number of weighted pupil units is underestimated.
- (6) Except as provided in Subsection (3) or (5), the state board shall reduce the state guarantee per weighted pupil unit provided under the local levy state guarantee program described in Section 53F-2-601, if:
- (a) local contributions to the voted local levy program or board local levy program are overestimated; or
- (b) the number of weighted pupil units within school districts qualifying for a guarantee is underestimated.
- (7) Money appropriated to the state board is nonlapsing, including appropriations to the Minimum School Program and all agencies, line items, and programs under the jurisdiction of the state board.
- (8) The state board shall report actions taken by the state board under this section to the Office of the Legislative Fiscal Analyst and the Governor’s Office of Planning and Budget.
Amended by Chapter 382, 2021 General Session