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H.B. 166
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NECESSARILY EXISTENT SMALL SCHOOLS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Bradley T. Johnson
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Judy Ann Buffmire
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Fred J. Fife
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James R. Gowans
Keele Johnson
Tammy J. Rowan
Lawanna Shurtliff
Matt Throckmorton
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AN ACT RELATING TO PUBLIC EDUCATION; MODIFYING THE NECESSARILY
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EXISTENT SMALL SCHOOLS FORMULA; MAKING CERTAIN TECHNICAL CHANGES;
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AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-17a-109, as enacted by Chapter 72, Laws of Utah 1991
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-17a-109
is amended to read:
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53A-17a-109. Necessarily existent small schools -- Computing additional weighted
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pupil units -- Consolidation of small schools.
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(1) Upon application by each school district, the State Board of Education shall, in
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consultation with local school boards, classify particular schools in each district as necessarily
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existent small schools.
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(a) Applications must be submitted to the state board [of Education] before April 2, and
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the [State] board [of Education] must report a decision to each school district before June 2.
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(b) The state board [of Education] shall adopt standards and make rules to govern the
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approval of these schools consistent with principles of efficiency and economy and which shall
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serve the purpose of eliminating schools where consolidation is feasible by participation in special
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school units.
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(2) The state board [of Education] shall:
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(a) prepare and publish objective standards and guidelines for determining which small
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schools are necessarily existent after consultation with local school boards[.]; and
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[(3)] (b) [The State Board of Education shall] conduct comprehensive school surveys of
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the school districts in which small schools are operated for the purpose of improving school
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programs, bringing about greater economy and efficiency, and reporting to the Legislature changes
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needed in the law pertaining to small schools.
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[(4)] (3) The additional units for schools classified as necessarily existent small schools
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are computed using regression formulas [written] adopted by the state board [of Education].
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(a) The regression formulas establish the following maximum sizes for funding under the
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necessarily existent small school program:
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(i) Elementary 160
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(ii) Junior high or middle 400
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(iii) One or two-year secondary 300
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(iv) Three-year secondary 450
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[(iii)] (v) Four-year [high] secondary school [450] 500
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[(iv)] (vi) Six-year [high] secondary school 600
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(b) Schools with fewer than ten students shall receive the same add-on weighted pupil
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units as schools with ten students.
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(c) The state board [of Education] shall prepare and distribute an allocation table based
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on the regression formula to each school district.
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[(5)] (4) (a) To avoid penalizing a district financially for consolidating its small schools,
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additional units may be allowed a district each year, not to exceed two years.
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(b) The units may not exceed the difference between what the district receives for a
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consolidated school and what it would have received for the small schools had they not been
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consolidated.
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(c) A district may use the monies allocated under this subsection for maintenance and
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operation of school programs or for other school purposes as approved by the state board [of
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Education].
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Section 2. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 11-17-99 3:05 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Education Interim Committee recommended this bill.
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