84
th Legislative Session _ 2009
1254ca
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1.
That
§
13-13-10.1
be amended to read as follows:
13-13-10.1.
Terms used in this chapter mean:
(1)
"Average daily membership," the average number of resident and nonresident
kindergarten through twelfth grade pupils enrolled in all schools operated by the school
district during the previous regular school year, minus average number of pupils for
whom the district receives tuition, except pupils described in subdivision (1A) and pupils
for whom tuition is being paid pursuant to § 13-28-42.1 and plus the average number of
pupils for whom the district pays tuition;
(1A)
Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the average daily
membership of the receiving district when enrolled in the receiving district. When
counting a student who meets these criteria in its general enrollment average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its general enrollment average daily membership after
the student ceases to attend school in the resident district;
(2)
"Adjusted average daily membership," calculated as follows:
(a)
For districts with an average daily membership of two hundred or less, multiply 1.2
times the average daily membership;
(b)
For districts with an average daily membership of less than six hundred, but greater
than two hundred, raise the average daily membership to the 0.8293 power and
multiply the result times 2.98;
(c)
For districts with an average daily membership of six hundred or more, multiply
1.0 times their average daily membership;
(2A)
"Fall enrollment," the number of kindergarten through twelfth grade students enrolled in
all schools operated by the school district on the last Friday of September of the previous
school year minus the number of students for whom the district receives tuition, except
nonresident students who are in the care and custody of a state agency and are attending
a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus
the number of students for whom the district pays tuition. When computing state aid to
education for a school district under the foundation program pursuant to § 13-13-73, the
secretary of the Department of Education shall use either the school district's fall
enrollment or the average of the school district's fall enrollment and the school district's
fall enrollment from the prior year, whichever is higher. However, if a school district
qualifies to benefit from both the averaging permitted in this subdivision and the one-time
payment provided in § 13-13-80 in the same fiscal year, the school district may not benefit
from both, but only from the one that provides the most additional funding to the district;
(2B)
"Current fall enrollment," the number of kindergarten through twelfth grade students
enrolled in all schools operated by the school district on the last Friday of September of
the current school year minus the number of students for whom the district receives
tuition except nonresident students who are in the care and custody of a state agency and
are attending a public school and students for whom tuition is being paid pursuant to § 13-
28-42.1, plus the number of students for whom the district pays tuition;
(2C)
"Small school adjustment," calculated as follows:
(a)
For districts with a fall enrollment of two hundred or less, multiply 0.2 times
$4,237.72;
(b)
For districts with a fall enrollment of greater than two hundred, but less than six
hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result;
and multiply the sum obtained times $4,237.72;
(3)
"Index factor," is the annual percentage change in the consumer price index for urban
wage earners and clerical workers as computed by the Bureau of Labor Statistics of the
United States Department of Labor for the year before the year immediately preceding the
year of adjustment
up to a maximum of four percent
or three percent, whichever is
less
greater
;
(4)
"Per student allocation," for school fiscal year 2009 is $4,664.66. Each school fiscal year
thereafter, the per student allocation is the previous fiscal year's per student allocation
increased by the index factor;
(5)
"Local need," is the sum of:
(a)
The per student allocation multiplied by the fall enrollment; and
(b)
The small school adjustment, if applicable, multiplied by the fall enrollment; and
(c)
The payment distributed pursuant to § 13-13-80, if applicable;
(6)
"Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to § 10-12-42;
(7)
"General fund balance," the unreserved fund balance of the general fund, less general fund
exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of
the general fund for the previous school fiscal year;
(8)
"General fund balance percentage," is a school district's general fund balance divided by
the school district's total general fund expenditures for the previous school fiscal year, the
quotient expressed as a percent;
(9)
"General fund base percentage," is the lesser of:
(a)
The general fund balance percentage as of June 30, 2000; or
(b)
The maximum allowable percentage for that particular fiscal year as stated in this
subsection.
For fiscal year 2008, the maximum allowable percentage is one hundred percent; for fiscal
year 2009, eighty percent; for fiscal year 2010, sixty percent; for fiscal year 2011, forty
percent; for fiscal year 2012 and subsequent fiscal years, twenty-five percent. However,
the general fund base percentage can never be less than twenty-five percent;
(10)
"Allowable general fund balance," the general fund base percentage multiplied by the
district's general fund expenditures in the previous school fiscal year;
(11)
"General fund exclusions," revenue a school district has received from the imposition of
the excess tax levy pursuant to § 10-12-43; revenue a school district has received from
gifts, contributions, grants, or donations; revenue a school district has received under the
provisions of §§ 13-6-92 to 13-6-96, revenue a school district has received as
compensation for being a sparse school district under the terms of §§ 13-13-78 and 13-13-
79, inclusive; and any revenue in the general fund set aside for a noninsurable judgment.
"
Moved by: Brunner
Second by: Vanneman
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1254 AS AMENDED
Moved by: Brunner
Second by: Hamiel
Action: Prevailed by roll call vote. (15-0-0-0)
Voting Yes: Bolin, Brunner, Elliott, Fargen, Hamiel, Hunt, Killer, Olson (Ryan), Schlekeway, Sly,
Sorenson, Thompson, Van Gerpen, Vanneman, McLaughlin
MOTION:
AMEND TITLE OF HB 1254
1254cta
On page 1, line 1, of the printed bill, delete everything after "the" and insert "index factor in the
state aid to education formula.".
On page 1, delete line 2.
1293ca
On page 2, after line 2, insert:
"
After the secretary of education creates the school administration regions and provides notice of
those regions to the school boards of all school districts, any school district adjoining a school
district exempt from the provisions of this Act may, instead of joining the school administration
region to which it was assigned, opt to have its administrative services and any other school services,
as agreed upon by both districts, provided by employees of the adjoining exempt school district. Any
such request for a reassignment, however, may only be made prior to the organization of the school
administration region boards, and all requests shall be approved by the secretary. Once the
reassignments are complete, the secretary shall redraw the boundaries of the school administration
regions accordingly.".
On page 2, delete lines 6 and 7.
On page 2, line 8, delete "region board".
On page 2, line 8, after "shall" insert ", to the extent practicable,".
On page 2, line 24, after "regions," insert "to establish policies relative to the formation of
school administration region boards and the membership and voting requirements of those boards,
to establish the process whereby a school district may opt to share the personnel of an adjoining
exempt school district,".