02-12 12:05 H.B. 486
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Number of School Days Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill allows a local education agency governing board to determine a school term.
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Highlighted Provisions:
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This bill:
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▸ makes technical and conforming changes;
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▸ removes the requirement to set a school term from the State Board of Education;
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▸ requires a local education agency governing board to set a school term; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53F-2-102, as last amended by Laws of Utah 2022, Chapter 17
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53F-3-202, as last amended by Laws of Utah 2024, Chapter 471
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53F-3-203, as last amended by Laws of Utah 2024, Chapter 471
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53F-2-102 is amended to read:
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53F-2-102 . Definitions.
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As used in this chapter:
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(1) "Basic state-supported school program," "basic program," or "basic school program"
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means public education programs for kindergarten, elementary, and secondary school
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students that are operated and maintained for the amount derived by multiplying the
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number of weighted pupil units for each school district or charter school by the value
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established each year in the enacted public education budget, except as otherwise
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provided in this chapter.
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(2) "LEA governing board" means a local school board or charter school governing board.
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(3) "Pupil in average daily membership" or "ADM" means a full-day equivalent pupil.
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(4)(a) "Minimum School Program" means the state-supported public school programs
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for kindergarten, elementary, and secondary schools as described in this Subsection
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(4).
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(b) The Minimum School Program established in school districts and charter schools
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shall include[ the equivalent of] a school term [of nine months as determined by the
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state board] as an LEA governing board determines.
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(c)(i) [The state board] An LEA governing board shall establish the number of days or
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equivalent instructional hours that school is held for an academic school year.
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(ii) Education, enhanced by utilization of technologically enriched delivery systems,
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when approved by an LEA governing board, shall receive full support by the state
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board as it pertains to fulfilling the attendance requirements, excluding time spent
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viewing commercial advertising.
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(d)(i) An LEA governing board may [reallocate] designate up to 32 instructional
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hours or four school days established under Subsection (4)(c) for teacher
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preparation time or teacher professional development.
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(ii) A [reallocation] designation of instructional hours or school days under
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Subsection (4)(d)(i) is subject to the approval of two-thirds of the members of an
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LEA governing board voting in a regularly scheduled meeting:
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(A) at which a quorum of the LEA governing board is present; and
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(B) held in compliance with Title 52, Chapter 4, Open and Public Meetings Act.
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(iii) If an LEA governing board [reallocates] designates instructional hours or school
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days as provided by this Subsection (4)(d), the school district or charter school
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shall notify students' parents of the school calendar at least:
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(A) 90 days before the beginning of the school year; or
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(B) for the 2021-2022 and 2022-2023 school years, due to circumstances within
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the LEA or a given school due to the COVID-19 pandemic, at least 14 calendar
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days before the reallocated instructional hours or school days.
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(iv) Instructional hours or school days [reallocated] an LEA governing board
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designates for teacher preparation time or teacher professional development
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pursuant to this Subsection (4)(d) is considered part of a school term referred to in
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Subsection (4)(b).
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(e) The Minimum School Program includes a program or allocation funded by a line
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item appropriation or other appropriation designated as follows:
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(i) Basic School Program;
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(ii) Related to Basic Programs;
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(iii) Voted and Board Levy Programs; or
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(iv) Minimum School Program.
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(5) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of factors
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that is computed in accordance with this chapter for the purpose of determining the costs
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of a program on a uniform basis for each school district or charter school.
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Section 2. Section 53F-3-202 is amended to read:
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53F-3-202 . Capital Outlay Foundation Program created -- Distribution formulas
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-- Allocations.
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(1) As used in this section:
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(a) "ADM" or "pupil in average daily membership" means the same as that term is
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defined in Section 53F-2-102 excluding a pupil [fully ]enrolled in [an] a full-time
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equivalent online education program[ for at least 180 days].
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(b) "Foundation guarantee level per ADM" means a minimum revenue amount per
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ADM generated by the base tax effort rate, including the following:
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(i) the revenue generated locally from a school district's combined capital levy rate;
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and
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(ii) the revenue allocated to a school district by the state board in accordance with
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Section 53F-3-203.
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(c) "Qualifying school district" means a school district with a property tax yield per
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ADM less than the foundation guarantee level per ADM.
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(d) "Small school district" means a school district that has fewer than 1,000 pupils in
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average daily membership.
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(2) There is created the Capital Outlay Foundation Program to provide capital outlay
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funding to a school district based on a district's local property tax effort and property tax
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yield per student compared to a foundation guarantee funding level.
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(3)(a) The state board shall determine the foundation guarantee level per ADM that fully
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allocates the funds appropriated to the state board for distribution under this section.
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(b) In determining the foundation guarantee level per ADM and a school district's
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allocation of funds under this section, the state board shall use data from the fiscal
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year that is two years prior to the fiscal year the school district receives the
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allocation, including the:
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(i) number of pupils in average daily membership;
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(ii) tax rates; and
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(iii) derived net taxable value.
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(4) By June 1, a county treasurer shall report to the state board the actual collections of
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property taxes in the school districts located within the county treasurer's county for the
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period beginning April 1 through the following March 31 immediately preceding that
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June 1.
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(5) If a qualifying school district imposes a combined capital levy rate that is greater than or
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equal to the base tax effort rate, the state board shall allocate to the qualifying school
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district an amount equal to the product of the following:
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(a) the qualifying school district's ADM; and
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(b) an amount equal to the difference between the following:
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(i) the foundation guarantee level per ADM, as determined in accordance with
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Subsection (3); and
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(ii) the qualifying school district's property tax yield per ADM.
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(6) If a qualifying school district imposes a combined capital levy rate less than the base tax
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effort rate, the state board shall allocate to the qualifying school district an amount equal
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to the product of the following:
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(a) the qualifying school district's ADM;
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(b) an amount equal to the difference between the following:
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(i) the foundation guarantee level per ADM; and
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(ii) the qualifying school district's property tax yield per ADM; and
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(c) a percentage equal to:
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(i) the qualifying school district's combined capital levy rate; divided by
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(ii) the base tax effort rate.
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(7)(a) The state board shall allocate:
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(i) a minimum of $200,000 to each small school district with a property tax base per
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ADM less than or equal to the statewide average property tax base per ADM;
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(ii) a minimum of $100,000 to each small school district with a property tax base per
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ADM that is:
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(A) greater than the statewide average property tax base per ADM; and
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(B) less than or equal to two times the statewide average property tax base per
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ADM; and
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(iii) a minimum of $50,000 to each small school district with a property tax base per
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ADM that is:
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(A) greater than two times the statewide average property tax base per ADM; and
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(B) less than or equal to five times the statewide average property tax base per
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ADM.
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(b) The state board shall incorporate the minimum allocations described in Subsection
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(7)(a) in its calculation of the foundation guarantee level per ADM determined in
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accordance with Subsection (3).
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Section 3. Section 53F-3-203 is amended to read:
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53F-3-203 . Capital Outlay Enrollment Growth Program created -- Distribution
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formulas -- Allocations.
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(1) As used in this section:
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(a) "Average annual net enrollment increase" means the quotient of:
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(i)(A) enrollment in the prior fiscal year, based on October 1 enrollment counts
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excluding a pupil [fully ]enrolled in [an] a full-time equivalent online education
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program[ for at least 180 days]; minus
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(B) enrollment in the year four years prior, based on October 1 enrollment counts
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excluding a pupil [fully ]enrolled in [an] a full-time equivalent online education
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program[ for at least 180 days]; divided by
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(ii) three.
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(b) "Eligible district" or "eligible school district" means a school district that:
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(i) has an average annual net enrollment increase; and
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(ii) has a property tax base per ADM in the year two years prior that is less than two
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times the statewide average property tax base per ADM in the year two years prior.
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(2) There is created the Capital Outlay Enrollment Growth Program to provide capital
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outlay funding to school districts experiencing net enrollment increases.
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(3) The state board shall annually allocate appropriated funds to eligible school districts in
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accordance with Subsection (4).
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(4) The state board shall allocate to an eligible school district an amount equal to the
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product of:
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(a) the quotient of:
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(i) the eligible school district's average annual net enrollment increase; divided by
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(ii) the sum of the average annual net enrollment increase in all eligible school
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districts; and
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(b) the total amount appropriated for the Capital Outlay Enrollment Growth Program in
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that fiscal year.
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Section 4. Effective Date.
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This bill takes effect on July 1, 2025.
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