Section 307 – Weighted pupil units for programs for students with disabilities — Local school board allocation.

Effective 5/4/2022
53F-2-307. Weighted pupil units for programs for students with disabilities — Local school board allocation.

• (1) As used in this section:
  • (a)
    • (i) “Charter school” means the same as that term is defined in Section 53G-5-601.
    • (ii) “Charter school” includes a charter school with satellite charter schools.
  • (b) “LEA” means:
    • (i) a school district; or
    • (ii) a charter school.
  • (c) “Necessary cost” means a cost that is needed to provide special education and related services to students with disabilities.
  • (d) “Reasonable cost” means a cost that, in nature and amount, does not exceed an amount that a prudent person would incur under the circumstances prevailing at the time the decision was made to incur the cost.
  • (e) “Satellite charter school” means the same as that term is defined in Section 53G-5-303.

• (2) The number of weighted pupil units for students with disabilities shall reflect the direct cost of programs for those students conducted in accordance with rules established by the state board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

• (3)
  • (a) An LEA shall use special education program money to pay the costs of providing an LEA special education program, even if the programs or services provide an incidental benefit to a student who is not a student with a disability, including for the uses described in 34 C.F.R. Sec. 300.208.
  • (b) Costs of providing an LEA special education program include only costs that are in excess of funds allocated to an LEA for general education.
  • (c) In using special education program money, an LEA shall comply with federal regulations including:
    • (i) the prohibition on comingling state special education program money with federal funds as described in 34 C.F.R. Sec. 300.162; and
    • (ii) the requirements described in 34 C.F.R. Sec. 300.203 regarding maintenance of effort.
  • (d)
    • (i) An LEA may use state special education program money to supplement other state funds, local funds, or federal funds.
    • (ii) An LEA may not use state special education program money to supplant other state funds, local funds, or federal funds.

• (4) Notwithstanding Subsection (3), special education program money allocated to LEAs may be expended for constructing facilities or altering existing facilities if:
  • (a) the costs are necessary costs and reasonable costs;
  • (b) the costs are not for the general purpose of bringing facilities into compliance with:
    • (i) Section 504 of the Rehabilitation Act of 1973; or
    • (ii) the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.;
  • (c) the construction or alteration meets the needs of one or more students with disabilities; and
  • (d) the state board approves the expenditure in accordance with rules the state board makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

• (5) The state board shall establish definitions and provide standards for determining which students have disabilities and shall assist LEAs in determining the services that should be provided to students with disabilities.

• (6) The state board shall annually evaluate, and amend as needed, the standards and guidelines that establish the identifying criteria for disability classifications to ensure that LEAs:
  • (a) comply with the standards and guidelines; and
  • (b) have flexibility to respond to the needs of students with disabilities.

• (7)
  • (a) The state board shall allocate money appropriated to the state board for add-on WPUs for students with disabilities enrolled in regular programs to LEAs as provided in this Subsection (7).
  • (b) The state board shall use an LEA’s average number of special education add-on weighted pupil units determined by the prior year’s average daily membership plus growth and the preceding four year’s average daily membership data as a foundation for the special education add-on appropriation.
  • (c) The growth factor described in Subsection (7)(b) is the percentage change in total enrollment of kindergarten through grade 12 students on the first school day of October in the current school year as compared to the total enrollment of kindergarten through grade 12 students on the first school day of October in the previous school year.
  • (d) An LEA’s special education add-on WPUs for the current year may not be less than the foundation special education add-on WPUs described in Subsecion (7)(b).
  • (e)
    • (i) Growth WPUs shall be added to the prior year special education add-on WPUs, and growth WPUs shall be determined in accordance with this Subsection (7)(e).
    • (ii) The special education student growth factor is calculated by comparing total special education average daily membership of one year previous to the current year to the total special education average daily membership two years previous to the current year.
    • (iii) When calculating and applying the growth factor, a school district’s total special education ADM for a given year is limited to the following percentage of the school district’s total student ADM for the same year:
      • (A) for a school district in a county of the first, second, or third class, 14%; and
      • (B) for a school district in a county of the fourth, fifth, or sixth class, 20%.
    • (iv) Growth ADMs are calculated by applying the growth factor to the total special education average daily membership of one year previous to the current year.
    • (v) Growth ADMs for each school district or each charter school are multiplied by the following weighted pupil units and added to the prior year special education add-on WPU to determine each school district’s or each charter school’s total allocation:
      • (A) for fiscal year 2023, 1.35 weighted pupil units;
      • (B) for fiscal year 2024, 1.15 weighted pupil units; and
      • (C) beginning in fiscal year 2025, and every fiscal year thereafter, 1.00 weighted pupil units.

• (8) If money appropriated under this chapter for programs for students with disabilities does not meet the costs of LEAs for those programs, each LEA shall first receive the amount generated for each student with a disability under the basic program.

Amended by Chapter 213, 2022 General Session
Amended by Chapter 431, 2022 General Session, (Coordination Clause)
Amended by Chapter 431, 2022 General Session