53A-17a-105 - Powers and duties of State Board of Education to adjust Minimum School Program allocations.
53A-17a-105. Powers and duties of State Board of Education to adjust MinimumSchool Program allocations.
(1) Except as provided in Subsection (2) or (4), if the number of weighted pupil units in aprogram is underestimated, the State Board of Education shall reduce the value of the weightedpupil unit in that program so that the total amount paid for the program does not exceed theamount appropriated for the program.
(2) If the number of weighted pupil units in a program is overestimated, the State Boardof Education shall spend excess monies appropriated for the following purposes giving priority tothe purpose described in Subsection (2)(a):
(a) to support the value of the weighted pupil unit in a program within the basicstate-supported school program in which the number of weighted pupil units is underestimated;
(b) to support the state guarantee per weighted pupil unit provided under the votedleeway program established in Section 53A-17a-133 or the board-approved leeway programestablished in Section 53A-17a-134, if:
(i) local contributions to the voted leeway program or board-approved leeway programare overestimated; or
(ii) the number of weighted pupil units within school districts qualifying for a guaranteeis underestimated;
(c) to support the state supplement to local property taxes allocated to charter schools, ifthe state supplement is less than the amount prescribed by Subsection 53A-1a-513(4);
(d) for charter school administrative costs, if the appropriation for charter schooladministrative costs is insufficient to provide the amount per student prescribed in Subsection53A-17a-108(2)(a); or
(e) to support a school district with a loss in student enrollment as provided in Section53A-17a-139.
(3) If local contributions from the minimum basic tax rate imposed under Section53A-17a-135 are overestimated, the State Board of Education shall reduce the value of theweighted pupil unit for all programs within the basic state-supported school program so the totalstate contribution to the basic state-supported school program does not exceed the amount ofstate funds appropriated.
(4) If local contributions from the minimum basic tax rate imposed under Section53A-17a-135 are underestimated, the State Board of Education shall:
(a) spend the excess local contributions for the purposes specified in Subsection (2),giving priority to supporting the value of the weighted pupil unit in programs within the basicstate-supported school program in which the number of weighted pupil units is underestimated;and
(b) reduce the state contribution to the basic state-supported school program so the totalcost of the basic state-supported school program does not exceed the total state and local fundsappropriated to the basic state-supported school program plus the local contributions necessary tosupport the value of the weighted pupil unit in programs within the basic state-supported schoolprogram in which the number of weighted pupil units is underestimated.
(5) Except as provided in Subsection (2) or (4), the State Board of Education shall reducethe guarantee per weighted pupil unit provided under the voted leeway program established inSection 53A-17a-133 or board-approved leeway program established in Section 53A-17a-134, if:
(a) local contributions to the voted leeway program or board-approved leeway program
are overestimated; or
(b) the number of weighted pupil units within school districts qualifying for a guaranteeis underestimated.
(6) Monies appropriated to the State Board of Education are nonlapsing.
(7) The State Board of Education shall report actions taken by the board under thissection to the Office of the Legislative Fiscal Analyst and the Governor's Office of Planning andBudget.
Repealed and Re-enacted by Chapter 399, 2010 General Session