Utah 2025 Regular Session

Utah House Bill HB0042 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 42
	1	+	01-27 12:25 1st Sub. (Buff) H.B. 42
	2	+	Candice B. Pierucci proposes the following substitute bill:
2	3		1
3	4		English Learner Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Candice B. Pierucci
7	8		Senate Sponsor: Heidi Balderree
8	9		2
9	10
10	11		3
11	12		LONG TITLE
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13	14		General Description:
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15	16		This bill provides emergency funding to schools experiencing a significant increase in
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17	18		English language learner enrollment.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
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23	24		▸ defines a term;
24	25		10
25	26		▸ provides a local education agency (LEA) with emergency funding if enrollment of
26	27		11
27	28		students learning English meets or exceeds a threshold;
28	29		12
29	30		▸ requires the state board to oversee an application process and distribute emergency funds;
30	31		13
31	32		and
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33	34		▸ instructs an LEA on the use of emergency funds.
34	35		15
35	36		Money Appropriated in this Bill:
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37	38		None
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39	40		Other Special Clauses:
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41	42		This bill provides a special effective date.
42	43		19
43	44		Utah Code Sections Affected:
44	45		20
45	46		AMENDS:
46	47		21
47	48		53F-2-314, as last amended by Laws of Utah 2022, Chapter 409
48	49		22
49	50		ENACTS:
50	51		23
51	52		53F-2-315, Utah Code Annotated 1953
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53	54
54	55		25
55	56		Be it enacted by the Legislature of the state of Utah:
56	57		26
57	58		Section 1. Section 53F-2-314 is amended to read:
58	59		27
59		-	53F-2-314 . Weighted pupil units for students who are at-risk. ~~H.B. 42 Enrolled Copy~~
	60	+	53F-2-314 . Weighted pupil units for students who are at-risk.
60	61		28
61	62		(1) As used in this section:
	63	+	1st Sub. H.B. 42 1st Sub. (Buff) H.B. 42 01-27 12:25
62	64		29
63	65		(a) "At risk" means that a public education student:
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65	67		(i) scores below proficient on a state board or LEA approved assessment; or
66	68		31
67	69		(ii) meets an LEA governing board's approved definition of an at-risk student.
68	70		32
69	71		(b) "Limited English proficiency" means that an English learner student received a score
70	72		33
71	73		of 1-4 on an English language proficiency assessment.
72	74		34
73	75		(2)(a) Additional weighted pupil units for students who are at-risk are computed based
74	76		35
75	77		on the number of students within each LEA on October 1 of the previous school year
76	78		36
77	79		as follows, added to a base of five WPUs for each LEA:
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79	81		(i) for the fiscal year beginning on July 1, 2021:
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81	83		(A) for each student who is eligible to receive free or reduced price lunch, .05
82	84		39
83	85		additional weighted pupil units; and
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85	87		(B) for each student with limited English proficiency, .025 additional weighted
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87	89		pupil units; and
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89	91		(ii) for each fiscal year after the fiscal year described in Subsection (2)(a)(i), the
90	92		43
91	93		additional weighed pupil units shall increase, subject to the approval of the
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93	95		Executive Appropriations Committee, by amounts that the Public Education
94	96		45
95	97		Appropriations Subcommittee recommends in the subcommittee's evaluation and
96	98		46
97	99		recommendations described in Section 53E-1-202.2, up to:
98	100		47
99	101		(A) for each student who is eligible to receive free or reduced price lunch, .3 total
100	102		48
101	103		weighted pupil units; and
102	104		49
103	105		(B) for each student with limited English proficiency, up to .1 total weighted pupil
104	106		50
105	107		units.
106	108		51
107	109		(b) Funding for a student who falls within both Subsections (2)(a)(i)(A) and (B) shall be
108	110		52
109	111		computed under both weighting factors.
110	112		53
111	113		(3) An LEA governing board shall use money distributed under this section to improve the
112	114		54
113	115		academic achievement of students who are at-risk.
114	116		55
115	117		(4) The state board may use nonlapsing funds remaining under this section from a prior
116	118		56
117	119		school year to provide the emergency funding described in Section 53F-2-315.
118	120		57
119	121		[(4)] (5)(a) Annually, an LEA shall provide the following information to the state board:
120	122		58
121	123		(i) a report of the LEA's use of funds allocated under this section through the annual
122	124		59
123	125		financial reporting process; and
124	126		60
125	127		(ii) the LEA's outcome data or a report of intervention effectiveness related to the use
126	128		61
127	129		of the LEA's use of funds allocated under this section.
128		-	- 2 - Enrolled Copy H.B. 42
129	130		62
130	131		(b) The state board shall monitor the learning outcomes resulting from the LEA's use of
	132	+	- 2 - 01-27 12:25 1st Sub. (Buff) H.B. 42
131	133		63
132	134		funds under this section.
133	135		64
134	136		Section 2. Section 53F-2-315 is enacted to read:
135	137		65
136	138		53F-2-315 . Emergency funding for schools with increased enrollment of students
137	139		66
138	140		learning English.
139	141		67
140	142		(1) As used in this section, "student learning English" means a student, currently enrolled at
141	143		68
142	144		a public elementary or secondary educational institution, whose most recent score on an
143	145		69
144	146		English language proficiency assessment is the lowest score available under the given
145	147		70
146	148		assessment.
147	149		71
148	150		(2)(a) An LEA may receive emergency funding from the state board if enrollment, at a
149	151		72
150	152		school within the LEA, of students learning English increases by:
151	153		73
152	154		(i) 75% or more above the previous three-year average enrollment for students
153	155		74
154	156		learning English in the school; and
155	157		75
156	158		(ii) 30 or more students above the previous three-year average enrollment for
157	159		76
158	160		students learning English in the school.
159	161		77
160	162		(b) An LEA shall ensure that an application the LEA submits under Subsection (3)(a):
161	163		78
162	164		(i) demonstrates substantial need for the emergency funding;
163	165		79
164	166		(ii) includes the percentage by which the school's student learning English enrollment
165	167		80
166	168		exceeds the previous three-year average for the school; and
167	169		81
168	170		(iii) demonstrates that the school has insufficient existing funds to adequately support
169	171		82
170	172		the increased student learning English enrollment.
171	173		83
172	174		(3) The state board shall:
173	175		84
174	176		(a) establish and oversee the application process to award emergency funding;
175	177		85
176	178		(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
177	179		86
178	180		create rules to:
179	181		87
180	182		(i) determine a method for measuring an increase in enrollment at a school; and
181	183		88
182	184		(ii) identify a school that meets the threshold requirement described in Subsection
183	185		89
184	186		(2)(a); and
185	187		90
186	188		(c) subject to the availability of funds or legislative appropriations, prioritize
187	189		91
188	190		applications and distribute funding based on:
189	191		92
190	192		(i) the greatest percentage increase in students learning English enrollment in the
191	193		93
192	194		school; and
193	195		94
194	196		(ii) the severity of the financial need of the school.
195	197		95
196	198		(4) An LEA shall use emergency funds received under this section to:
197		-	- 3 - H.B. 42 Enrolled Copy
198	199		96
199	200		(a) provide training or certification to teachers on the instruction of a student learning
	201	+	- 3 - 1st Sub. (Buff) H.B. 42 01-27 12:25
200	202		97
201	203		English;
202	204		98
203	205		(b) reduce the number of students learning English in a class;
204	206		99
205	207		(c) hire an aide to assist with students learning English in the classroom; or
206	208		100
207	209		(d) provide other resources specific to the needs of a student learning English.
208	210		101
209	211		(5) An LEA may not use emergency funding received under this section for administrative
210	212		102
211	213		expenses.
212	214		103
213	215		(6)(a) The state board shall draw the emergency funding described in Subsection (2)(a)
214	216		104
215	217		from nonlapsing funds remaining in the at-risk weighted pupil unit described in
216	218		105
217	219		Section 53F-2-314.
218	220		106
219	221		(b) The state board may not draw, from the at-risk weighted pupil unit, more than
220	222		107
221	223		$500,000, per fiscal year, for the emergency funding described in this section.
222	224		108
223	225		Section 3. Effective Date.
224	226		109
225	227		This bill takes effect on July 1, 2025.
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