53A-13-202 - Driver education funding -- Reimbursement of school districts for driver education class expenses -- Limitations -- Excess funds -- Student fees.

53A-13-202. Driver education funding -- Reimbursement of school districts fordriver education class expenses -- Limitations -- Excess funds -- Student fees.
(1) (a) Except as provided in Subsection (1)(b), a school district that provides drivereducation shall fund the program solely through:
(i) funds provided from the Automobile Driver Education Tax Account in the UniformSchool Fund as created under Section 41-1a-1205; and
(ii) student fees collected by each school.
(b) In determining the cost of driver education, a school district may exclude:
(i) the full-time equivalent cost of a teacher for a driver education class taught duringregular school hours; and
(ii) classroom space and classroom maintenance.
(c) A school district may not use any additional school funds beyond those allowed underSubsection (1)(b) to subsidize driver education.
(2) (a) The state superintendent of public instruction shall, prior to September 2ndfollowing the school year during which it was expended, or may at earlier intervals during thatschool year, reimburse each school district that applied for reimbursement in accordance withthis section.
(b) A school district that maintains driver education classes that conform to this part andthe rules prescribed by the board may apply for reimbursement for the actual cost of providingthe behind-the-wheel and observation training incidental to those classes.
(3) Under the state board's supervision for driver education, a school district may:
(a) employ personnel who are not licensed by the board under Section 53A-6-104; or
(b) contract with private parties or agencies licensed under Section 53-3-504 for thebehind-the-wheel phase of the driver education program.
(4) The reimbursement amount shall be paid out of the Automobile Driver EducationTax Account in the Uniform School Fund and may not exceed:
(a) $100 per student who has completed driver education during the school year;
(b) $30 per student who has only completed the classroom portion in the school orthrough the electronic high school during the school year; or
(c) $70 per student who has only completed the behind-the-wheel and observationportion in the school during the school year.
(5) If the amount of money in the account at the end of a school year is less than the totalof the reimbursable costs, the state superintendent of public instruction shall allocate the moneyto each school district in the same proportion that its reimbursable costs bear to the totalreimbursable costs of all school districts.
(6) If the amount of money in the account at the end of any school year is more than thetotal of the reimbursement costs provided under Subsection (4), the superintendent may allocatethe excess funds to school districts:
(a) to reimburse each school district that applies for reimbursement of the cost of a feewaived under Section 53A-12-103 for driver education; and
(b) to aid in the procurement of equipment and facilities which reduce the cost ofbehind-the-wheel instruction.
(7) A local school board shall establish the student fee for driver education for the schooldistrict. Student fees shall be reasonably associated with the costs of driver education that are nototherwise covered by reimbursements and allocations made under this section.


Amended by Chapter 23, 2003 General Session