Affected by 63I-2-253 on 7/1/2024
Effective 2/2/2022
53F-2-209. Limited LEA budgetary flexibility.
- (1) Notwithstanding any other provision of the Utah Code, for fiscal 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.
- (a) except as provided in Subsection (1)(b), an LEA may:
- (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;
- (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.
Amended by Chapter 1, 2022 General Session