53A-16-101.5 - School LAND Trust Program -- Purpose -- Distribution of funds -- School plans for use of funds.
53A-16-101.5. School LAND Trust Program -- Purpose -- Distribution of funds --School plans for use of funds.
(1) There is established the School LAND (Learning And Nurturing Development) TrustProgram for the state's public schools to provide financial resources to enhance or improvestudent academic achievement and implement a component of the school improvement plan.
(2) (a) The program shall be funded each fiscal year:
(i) from the Interest and Dividends Account created in Section 53A-16-101; and
(ii) in the amount of the sum of the following:
(A) the interest and dividends from the investment of money in the permanent StateSchool Fund deposited to the Interest and Dividends Account in the immediately preceding year;and
(B) interest accrued on money in the Interest and Dividends Account in the immediatelypreceding fiscal year.
(b) On and after July 1, 2003, the program shall be funded as provided in Subsection(2)(a) up to a maximum of an amount equal to 2% of the funds provided for the MinimumSchool Program, pursuant to Title 53A, Chapter 17a, Minimum School Program Act, each fiscalyear.
(c) The Legislature shall annually allocate, through an appropriation to the State Board ofEducation, a portion of School LAND Trust Program money for the administration of theprogram.
(3) (a) The State Board of Education shall allocate the money referred to in Subsection(2) annually for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter asfollows:
(i) school districts shall receive 10% of the funds on an equal basis; and
(ii) the remaining 90% of the funds shall be distributed on a per student basis, with eachdistrict receiving its allocation based on the number of students in the district as compared to thestate total.
(b) Each school district shall distribute its allocation under Subsection (3)(a) to eachschool within the district on an equal per student basis.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theboard may make rules regarding the time and manner in which the student count shall be madefor allocation of the money.
(4) Except as provided in Subsection (7), in order to receive its allocation underSubsection (3), a school shall have established a school community council under Section53A-1a-108.
(5) (a) The school community council or its subcommittee shall develop a program to useits allocation under Subsection (3) to implement a component of the school's improvement plan,including:
(i) the school's identified most critical academic needs;
(ii) a recommended course of action to meet the identified academic needs;
(iii) a specific listing of any programs, practices, materials, or equipment which theschool will need to implement a component of its school improvement plan to have a directimpact on the instruction of students and result in measurable increased student performance; and
(iv) how the school intends to spend its allocation of funds under this section to enhanceor improve academic excellence at the school.
(b) The school may develop a multiyear program, but the program shall be presented andapproved by the school community council and the local school board of the district in which theschool is located annually and as a prerequisite to receiving program funds allocated under thissection.
(6) (a) Each school shall:
(i) implement the program as approved by the school community council and approvedby the local school board;
(ii) provide ongoing support for the council's or its subcommittee's program; and
(iii) meet school board reporting requirements regarding financial and performanceaccountability of the program.
(b) (i) Each school through its council or its subcommittee shall prepare and present anannual report of the program to its local school board at the end of the school year.
(ii) The report shall detail the use of program funds received by the school under thissection and an assessment of the results obtained from the use of the funds.
(iii) A summary of the report shall be sent to households in accordance with theprovisions under Subsection 53A-1a-108(7).
(7) (a) The governing board of a charter school shall prepare a plan for the use of schooltrust money that includes the elements listed in Subsection (5).
(b) The plan shall be subject to approval by the entity that authorized the establishmentof the charter school.
(8) (a) A school community council and a governing board of a charter school may notbe required to:
(i) send a letter to legislators or other elected officials on the school's use of SchoolLAND Trust Program money as a condition of receiving the money; or
(ii) report to the State Board of Education or any local school board on whether anyletters were sent to legislators or other elected officials on the school's use of School LANDTrust Program money.
(b) Subsection (8)(a)(i) does not apply to the annual report to the local school boardrequired by Subsection (6)(b).
Amended by Chapter 332, 2008 General Session
Amended by Chapter 382, 2008 General Session