Education funding; update language, and revise multipliers for gifted education and CTE.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeBar

SENATE BILL NO. 2291

AN ACT TO AMEND SECTIONS 25-11-126, 37-23-31, 37-23-33, 1
37-61-33, 37-151-207 AND 37-159-7, MISSISSIPPI CODE OF 1972, TO 2
UPDATE THE STATUTORY LANGUAGE TO REFLECT THE CURRENT TOTAL FUNDING 3
FORMULA; TO AMEND SECTION 37-151-205, MISSISSIPPI CODE OF 1972, TO 4
REVISE THE MISSISSIPPI STUDENT FUNDING FORMULA TO INCREASE THE 5
WEIGHT AND MULTIPLIER FOR GIFTED EDUCATION; TO INCLUDE STUDENTS IN 6
THE SEVENTH AND EIGHTH GRADES IN THE MULTIPLIER APPLICABLE TO 7
STUDENTS ENROLLED IN A CAREER AND TECHNICAL EDUCATION COURSE; AND 8
FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 25-11-126, Mississippi Code of 1972, is 11
amended as follows: 12
25-11-126. (1) Any person who has at least thirty (30) 13
years of creditable service, who was employed as a public school 14
teacher at the time of his or her retirement, has been retired at 15
least ninety (90) days and is receiving a retirement allowance, 16
and holds a standard teaching license in Mississippi, may be 17
employed as a teacher in a public school district after 18
retirement, and choose to continue receiving the retirement 19
allowance under this article during his or her employment as a 20
teacher after retirement in addition to receiving the salary 21
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authorized under this section, along with the local contribution 22
of the school district in which the retiree is employed, at the 23
discretion of the school district. Any teacher who has retired 24
with at least twenty-five (25) years of creditable service as of 25
July 1, 2024, may also participate in this program if the teacher 26
otherwise qualifies under this section. 27
(2) A retired teacher may only be hired to teach in a school 28
district designated by the Department of Education as having 29
critical shortages and/or critical subject-area shortages, and 30
shall hold the related standard teaching license and/or 31
endorsements to teach in the subject area. The base compensation 32
authorized for returning retired teachers under Section 37-19-7 33
shall not be graduated annually in the same manner as teachers who 34
are employed by a school district under traditional employment 35
guidelines, but shall remain static for the entirety of his or her 36
eligible teaching period as a retired teacher. 37
(3) (a) A retired teacher may be employed as a teacher, 38
continue receiving his or her retirement allowance and be a 39
contributing member of the system without accruing additional 40
retirement benefits for a total of five (5) years, which may be 41
performed consecutively or intermittently. This method is 42
designed specifically to provide funding for the system to 43
actuarially offset any pension liability created by this section. 44
Each school district hiring retired teachers under the authority 45
of this section, shall make a direct payment to PERS, which shall 46
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serve as pension liability participation assessment. The pension 47
liability participation assessment and the retired teacher's 48
salary for returning to work shall be determined as follows: 49
(i) A school district shall rely on the salary 50
schedule in Section 37-19-7 in considering the salary for a 51
retired teacher; provided, however, that the school district may 52
allocate up to one hundred and twenty-five percent (125%) of the 53
amount provided under the salary schedule comparable to the 54
teacher's years of service and license type as salary and 55
assessment under the program. 56
(ii) After determining the retired teacher's 57
compensation, the school district may pay no more than fifty 58
percent (50%) of the retired teacher's compensation as salary to 59
the retired teacher; and 60
(iii) The remaining fifty percent (50%) of the 61
retired teacher's compensation as salary shall be paid by the 62
school district to PERS as a pension liability participation 63
assessment. 64
(b) If a retired teacher, reemployed under the 65
authority of this section, works in a school district for any 66
portion of a scholastic year less than a full contractual term of 67
traditional teachers, the time worked by the retired teacher shall 68
constitute one (1) of the five (5) years of post retirement 69
teaching eligibility. A retired teacher, under the authority of 70
this section, shall be entitled to work in any applicable school 71
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district and shall not be obligated to remain in any one (1) 72
school district for the entirety of his or her post retirement 73
teaching eligibility, but shall be cumulative in nature so as not 74
to exceed five (5) years. The salary authorized under Section 75
37-19-7 for retired teachers shall be prorated for any period 76
worked by the retired teacher that is less than one (1) full 77
academic year. 78
(c) The State Department of Education shall transfer to 79
the system the * * * total funding formula funds of local school 80
districts that on or after July 1, 2024, hire retired members as 81
teachers under this section and other funds that otherwise would 82
have been payable to the districts if the districts had not taken 83
advantage of this section. The crediting of assets and financing 84
shall follow the provisions of Section 85
25-11-123. 86
(d) Local educational agencies shall transfer to the 87
system * * * the total funding formula funds of local school 88
districts that on or after July 1, 2024, hire retired members as 89
teachers under this section and other funds that otherwise would 90
have been payable to the districts if the districts had not taken 91
advantage of this section. The crediting of assets and financing 92
must follow the provisions of Section 25-11-123. 93
(4) Under the authority of this section, school districts 94
may employ retired teachers based on criteria established by the 95
department of education for critical teacher shortage areas and 96
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critical subject-matter areas. A school district that is not 97
within a critical teacher shortage area may employ teachers for 98
critical subject-matter areas. 99
(5) A person may be hired under this section subject to the 100
following conditions: 101
(a) The retired member holds any teacher's professional 102
license or certificate as may be required in Section 37-3-2, and 103
holds the related standard teaching license and/or endorsements to 104
teach in the applicable subject area; 105
(b) The superintendent of the employing school district 106
certifies in writing to the State Department of Education that the 107
retired member has the requisite experience, training and 108
expertise for the position to be filled; 109
(c) The superintendent of the school district certifies 110
or the principal of the school certifies that there was no 111
preexisting arrangement for the person to be hired; 112
(d) The person had a satisfactory performance review 113
for the most recent period before retirement; and 114
(e) The person is hired to teach in a critical 115
subject-matter area or in a critical teacher shortage area. 116
(6) The State Superintendent of Public Education shall 117
report the persons who are employed under this section to the 118
Executive Director of the Public Employees' Retirement System. 119
(7) The department of education shall promulgate regulations 120
that prescribe a salary schedule that reflects the provisions of 121
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this section. Each school district shall create a policy, 122
approved by the local school board, related to the hiring of 123
retired teachers and including, but not limited to, the hiring of 124
full- and part-time retired teacher employees under this section 125
and Section 25-11-127. 126
(8) Any retired teacher who returns to work in accordance 127
with this section shall not be eligible to return to work under 128
the provisions of Section 25-11-127. 129
SECTION 2. Section 37-23-31, Mississippi Code of 1972, is 130
amended as follows: 131
37-23-31. (1) (a) When five (5) or more children under 132
twenty-one (21) years of age who, because of significant 133
developmental disabilities, complex communication needs, 134
significant language or learning deficits or any combination of 135
either, are unable to have their educational needs met 136
appropriately in a regular or special education public school 137
program within their local public school districts, a 138
state-supported university or college shall be authorized and 139
empowered, in its discretion, to provide a program of education, 140
instruction and training to such children, provided that such 141
program shall operate under rules, regulations, policies and 142
standards adopted by the State Department of Education, as 143
provided for in Section 37-23-33. The opinion of a parent or 144
guardian in regard to the provision of an appropriate special 145
education program in or by their respective local public school 146
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district shall be considered before a placement decision is 147
finalized. Parents of students enrolled in a local education 148
agency (LEA) shall have any and all rights as provided in the 149
Individuals with Disabilities Education Act, including, but not 150
limited to, the right to equal participation in their child's 151
Individualized Education Program (IEP), the right to require 152
review of their child's IEP, and the right to appeal an IEP 153
Committee decision immediately. The parent or guardian or local 154
educational agency shall have the right to audio record the 155
proceedings of individualized education program team meetings. 156
The parent or guardian or local educational agency shall notify 157
the members of the individualized education program team of his, 158
her, or its intent to audio record a meeting at least twenty-four 159
(24) hours prior to the meeting. 160
(b) Instructors, including speech-language 161
pathologists, educational audiologists and special and early 162
childhood educators are qualified and empowered to serve as the 163
lead teacher for children enrolled within the state-supported 164
university's or college's university-based program (UBP) through 165
the IDEA-Part C and IDEA-Part B eligibility and placement process 166
upon completing instructional licensure requirements * * *. 167
(c) Due to the significance of the needs of the 168
children served through the UBP, general education setting 169
requirements may not be applicable as the least restrictive 170
environment. Students enrolled in a UBP by a LEA shall meet all 171
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state educational requirements, including participation in 172
statewide assessments. Justification for placement decisions is 173
determined in conjunction with the LEA through each child's IEP 174
for ages three (3) to twenty-one (21). The UBP shall submit to 175
the local education agency and the parents of the student in the 176
program a progress report each semester on all IEP goals and 177
objectives. The UBP and local education agency shall confer 178
annually to develop the IEP for each student enrolled in the UBP. 179
(2) Any state-supported university or college conducting a 180
full-time medical teaching program acceptable to the State Board 181
of Education may, at its discretion, enter into such contracts or 182
agreements with any private school or nonprofit 183
corporation-supported institution, the Mississippi School for the 184
Deaf, or any state-supported institution, providing the special 185
education contemplated by this section for such services, provided 186
the private school or institution offering such services shall 187
have conducted a program of such services at standards acceptable 188
to the State Department of Education for a period of at least one 189
(1) year prior to the date at which the university or college 190
proposes to enter into an agreement or contract for special 191
educational services as described above. 192
SECTION 3. Section 37-23-33, Mississippi Code of 1972, is 193
amended as follows: 194
37-23-33. (1) Such program of education, instruction and 195
training as is provided for in Section 37-23-31 shall be furnished 196
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in such manner as shall be provided by rules and regulations 197
adopted by the State Board of Education, which for such purposes 198
shall have the full power to adopt such rules, regulations, 199
policies and standards as it may deem necessary to carry out the 200
purpose of Sections 37-23-31 through 37-23-35, including the 201
establishment of qualifications consistent with the requirements 202
of subsection (2) of this section for any teachers employed under 203
the provisions thereof. It is expressly provided, however, that 204
no program of education, instruction and training shall be 205
furnished except in a university or college supported by the State 206
of Mississippi and only in cases where such university or college 207
shall consent thereto and shall provide any classroom space, 208
furniture and facilities which may be deemed necessary in carrying 209
out the provisions of those sections. 210
(2) Speech-language pathologists, educational audiologists, 211
and special and early childhood educators are qualified and 212
authorized to serve as the lead teacher for children enrolled in a 213
university or college-based program through the IDEA-Part C and 214
IDEA-Part B eligibility and placement process. Whenever 215
communication is a primary area of concern on a child's 216
Individualized Family Service Plan (IFSP) or Individualized 217
Education Program (IEP), a speech-language pathologist or 218
educational audiologist may serve as the lead instructor with an 219
educator serving as a related service provider as necessary to 220
meet the educational needs of the child. Speech-language 221
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pathologists and educational audiologists must undergo extensive 222
college coursework in communication-based disorders impacting 223
multiple areas of development, including cognition. The content 224
of the college coursework must include typical and atypical 225
development for ages birth through death. In addition to 226
completing the college coursework, these instructional providers 227
must meet all instructional licensure requirements as set forth by 228
the State Department of Education * * *. 229
(3) The State Department of Education through its general 230
supervision responsibilities set forth by the Office of Special 231
Education Programs at the United States Department of Education, 232
shall require that the program of education, instruction and 233
training be designed to provide individualized appropriate special 234
education and related services that enable a child to reach his or 235
her appropriate and uniquely designed goals for success. 236
(4) A university- or college-based program must submit all 237
reports and data required by the State Department of Education on 238
the same or similar time schedule and in the same or similar 239
manner that same or similar reports and data must be submitted to 240
the department by local educational agencies. 241
SECTION 4. Section 37-61-33, Mississippi Code of 1972, is 242
amended as follows: 243
37-61-33. (1) There is created within the State Treasury a 244
special fund to be designated the "Education Enhancement Fund" 245
into which shall be deposited all the revenues collected pursuant 246
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to Sections 27-65-75(5), (7) and (8), 27-67-31(a) and (b) and 247
Section 2 of this act. 248
(2) Of the amount deposited into the Education Enhancement 249
Fund, Sixteen Million Dollars ($16,000,000.00) shall be 250
appropriated each fiscal year to the State Department of Education 251
to be distributed to all school districts. Such money shall be 252
distributed to all school districts in the proportion that the net 253
enrollment of each school district bears to the net enrollment of 254
all school districts within the state for the following purposes: 255
(a) Purchasing, erecting, repairing, equipping, 256
remodeling and enlarging school buildings and related facilities, 257
including gymnasiums, auditoriums, lunchrooms, vocational training 258
buildings, libraries, teachers' homes, school barns, 259
transportation vehicles (which shall include new and used 260
transportation vehicles) and garages for transportation vehicles, 261
and purchasing land therefor; 262
(b) Establishing and equipping school athletic fields 263
and necessary facilities connected therewith, and purchasing land 264
therefor; 265
(c) Providing necessary water, light, heating, 266
air-conditioning and sewerage facilities for school buildings, and 267
purchasing land therefor; 268
(d) As a pledge to pay all or a portion of the debt 269
service on debt issued by the school district under Sections 270
37-59-1 through 37-59-45, 37-59-101 through 37-59-115, 37-7-351 271
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through 37-7-359, 37-41-89 through 37-41-99, 37-7-301, 37-7-302 272
and 37-41-81, or debt issued by boards of supervisors for 273
agricultural high schools pursuant to Section 37-27-65, if such 274
pledge is accomplished pursuant to a written contract or 275
resolution approved and spread upon the minutes of an official 276
meeting of the district's school board or board of supervisors. 277
The annual grant to such district in any subsequent year during 278
the term of the resolution or contract shall not be reduced below 279
an amount equal to the district's grant amount for the year in 280
which the contract or resolution was adopted. The intent of this 281
provision is to allow school districts to irrevocably pledge a 282
certain, constant stream of revenue as security for long-term 283
obligations issued under the code sections enumerated in this 284
paragraph or as otherwise allowed by law. It is the intent of the 285
Legislature that the provisions of this paragraph shall be 286
cumulative and supplemental to any existing funding programs or 287
other authority conferred upon school districts or school boards. 288
Debt of a district secured by a pledge of sales tax revenue 289
pursuant to this paragraph shall not be subject to any debt 290
limitation contained in the foregoing enumerated code sections; 291
and 292
(e) Any other purpose for which the total funding 293
formula funds as determined by Sections 37-151-200 through 294
37-151-215 are not sufficient. 295
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(3) The remainder of the money deposited into the Education 296
Enhancement Fund shall be appropriated as follows: 297
(a) To the State Department of Education as follows: 298
(i) Sixteen and sixty-one one-hundredths percent 299
(16.61%) to the cost of the total funding formula determined under 300
Sections 37-151-200 through 37-151-215; of the funds generated by 301
the percentage set forth in this section for the support of 302
the * * * total funding formula, one and one hundred seventy-eight 303
one-thousandths percent (1.178%) of the funds shall be 304
appropriated to be used by the State Department of Education for 305
the purchase of textbooks to be loaned under Sections 37-43-1 306
through 37-43-59 to approved nonpublic schools, as described in 307
Section 37-43-1. The funds to be distributed to each nonpublic 308
school shall be in the proportion that the average daily 309
attendance of each nonpublic school bears to the total average 310
daily attendance of all nonpublic schools; 311
(ii) Seven and ninety-seven one-hundredths percent 312
(7.97%) to assist the funding of transportation operations and 313
maintenance pursuant to Section 37-19-23; and 314
(iii) Nine and sixty-one one-hundredths percent 315
(9.61%) for classroom supplies, instructional materials and 316
equipment, including computers and computer software, to be 317
distributed to all eligible teachers within the state through the 318
use of procurement cards or a digital solution capable of 319
tracking, paying and reporting purchases. Classroom supply funds 320
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shall not be expended for administrative purposes. On a date to 321
be determined by the State Department of Education, but not later 322
than July 1 of each year, local school districts shall determine 323
and submit to the State Department of Education the number of 324
teachers eligible to receive an allocation for the current year. 325
For purposes of this subparagraph, "teacher" means any employee of 326
the school board of a school district, or the Mississippi School 327
for the Arts, the Mississippi School for Math and Science, the 328
Mississippi School for the Blind, the Mississippi School for the 329
Deaf or public charter school, who is required by law to obtain a 330
teacher's license from the State Department of Education and who 331
is assigned to an instructional area of work as defined by the 332
department, and shall include any full- or part-time gifted or 333
special education teacher. It is the intent of the Legislature 334
that all classroom teachers shall utilize these funds in a manner 335
that addresses individual classroom needs and supports the overall 336
goals of the school regarding supplies, instructional materials, 337
equipment, computers or computer software under the provisions of 338
this subparagraph, including the type, quantity and quality of 339
such supplies, materials and equipment. Classroom supply funds 340
allocated under this subparagraph shall supplement, not replace, 341
other local and state funds available for the same purposes. The 342
State Board of Education shall develop and promulgate rules and 343
regulations for the administration of this subparagraph consistent 344
with the above criteria, with particular emphasis on allowing the 345
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individual teachers to expend funds as they deem appropriate. The 346
local school board shall require each school to issue credentials 347
for a digital solution selected by or procurement cards provided 348
by the Department of Finance and Administration under the 349
provisions of Section 31-7-9(1)(c) for the use of teachers and 350
necessary support personnel in making instructional supply fund 351
expenditures under this section, consistent with the regulations 352
of the Mississippi Department of Finance and Administration 353
pursuant to Section 31-7-9. Such credentials or procurement cards 354
shall be provided by the State Department of Education to local 355
school districts on a date determined by the State Department of 356
Education, but not later than August 1 of each year. Local school 357
districts shall issue such credentials or procurement cards to 358
classroom teachers at the beginning of the school year, but no 359
later than August 1 of each year, and shall be issued in equal 360
amounts per teacher determined by the total number of qualifying 361
personnel and the current state appropriation for classroom 362
supplies with the Education Enhancement Fund. After initial cards 363
are issued under the timeline prescribed by this section, the 364
State Department of Education may issue cards to districts for any 365
classroom teacher hired after July 1 under a timeline prescribed 366
by the State Department of Education. Such credentials or cards 367
will expire on a predetermined date at the end of each school 368
year, but not before April 1 of each year; 369
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(b) Twenty-two and nine one-hundredths percent (22.09%) 370
to the Board of Trustees of State Institutions of Higher Learning 371
for the purpose of supporting institutions of higher learning; and 372
(c) Fourteen and forty-one one-hundredths percent 373
(14.41%) to the Mississippi Community College Board for the 374
purpose of providing support to community and junior colleges. 375
(4) The amount remaining in the Education Enhancement Fund 376
after funds are distributed as provided in subsections (2) and (3) 377
of this section shall be appropriated for other educational needs. 378
(5) None of the funds appropriated pursuant to subsection 379
(3)(a) of this section shall be used to reduce the state's General 380
Fund appropriation for the categories listed in an amount below 381
the following amounts: 382
(a) For subsection (3)(a)(ii) of this section, 383
Thirty-six Million Seven Hundred Thousand Dollars 384
($36,700,000.00); 385
(b) For the aggregate of minimum program allotments in 386
the 1997 fiscal year, formerly provided for in Chapter 19, Title 387
37, Mississippi Code of 1972, as amended, excluding those funds 388
for transportation as provided for in paragraph (a) of this 389
subsection. 390
(6) Any funds appropriated from the Education Enhancement 391
Fund that are unexpended at the end of a fiscal year shall lapse 392
into the Education Enhancement Fund. 393
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SECTION 5. Section 37-151-207, Mississippi Code of 1972, is 394
amended as follows: 395
37-151-207. (1) The net enrollment of a school district or 396
charter school for use in the funding formula must be computed and 397
currently maintained by the State Board of Education in accordance 398
with the following: 399
(a) Determination of school district net enrollment for 400
use in the funding formula. Effective with fiscal year 2026, the 401
State Department of Education shall * * * use the school 402
district's net enrollment for months two (2) and three (3) for the 403
preceding school year for which funds are being appropriated. 404
(b) Determination of charter school net enrollment for 405
use in the funding formula. Effective with fiscal year 2026, the 406
department shall base a charter school's net enrollment on the 407
enrollment projections for the relevant year set forth over the 408
term of the charter contract. 409
(c) The net enrollment of a school district used for 410
funding formula calculations, as determined in paragraph (a) of 411
this subsection, must be reconciled with the school district's net 412
enrollment using months two (2) and three (3) for the year for 413
which total funding formula funds are being appropriated, and any 414
necessary adjustments must be made to payments during the school 415
district's following year of operation. Any necessary adjustment 416
for a school district must be based on the state share of the per 417
pupil amount in effect for the year for which actual net 418
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enrollment did not meet expectations and not any new amount 419
appropriated for the year in which the adjustment will be made. 420
Reconciliation of net enrollment for charter schools must be based 421
on requirements set forth in Section 37-28-55. 422
(2) The net enrollment of a school district or charter 423
school must include any student enrolled in a dual enrollment-dual 424
credit program as defined and provided for in Section 37-15-38. 425
The State Department of Education shall make payments for dual 426
enrollment-dual credit programs to the home school district or 427
charter school in which the student is enrolled, in accordance 428
with regulations promulgated by the State Board of Education. All 429
state funding under the formula must cease upon completion of high 430
school graduation requirements. 431
(3) The State Board of Education shall promulgate such rules 432
and regulations as may be necessary for the counting and reporting 433
of student enrollment by school districts and charter schools to 434
the department in a manner that enables the provisions of Sections 435
37-151-200 through 37-151-215 to be carried out. The rules and 436
regulations must require school districts and charter schools to 437
submit data that includes, at a minimum, numbers for the specific 438
student populations that are subject to weighting under Sections 439
37-151-200 through 37-151-215 as well as the aggregate amount of 440
students in enrollment when each calculation is made. For the 441
first year of operation of a charter school, the State Board of 442
Education shall use imputed student demographic data based on the 443
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traditional district in which the charter school is located to 444
estimate student populations that are subject to weighting under 445
Sections 37-151-200 through 37-151-215. 446
(4) The superintendent of each school district and the head 447
of school of each charter school, as applicable, shall submit the 448
data required by subsection (3) of this section with a signed 449
affidavit attesting that the data submitted to the department is 450
accurate to the best of the superintendent's knowledge, and any 451
inaccuracies later discovered will be reported to the department. 452
The State Board of Education shall be specifically authorized and 453
empowered to withhold allocations from the total funding formula 454
funds as provided in Sections 37-151-200 through 37-151-215, to 455
any school district or charter school for improperly or 456
inaccurately reporting the student data required by Sections 457
37-151-200 through 37-151-215. 458
SECTION 6. Section 37-159-7, Mississippi Code of 1972, is 459
amended as follows: 460
37-159-7. The school board of any school district situated 461
within a geographical area of the state where there exists a 462
critical shortage of teachers, as designated by the State Board of 463
Education, in its discretion, may reimburse persons who interview 464
for employment as a licensed teacher with the district for the 465
mileage and other actual expenses incurred in the course of travel 466
to and from the interview by such persons at the rate authorized 467
for county and municipal employees under Section 25-3-41. Any 468
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reimbursement by a school board under this section shall be paid 469
from funds other than * * * total funding formula funds. 470
SECTION 7. Section 37-151-205, Mississippi Code of 1972, is 471
amended as follows: 472
37-151-205. (1) The preliminary weighted enrollment of each 473
school district and charter school under Sections 37-151-200 474
through 37-151-215 is determined by applying the weights 475
prescribed in this section, none of which are mutually exclusive 476
of another, to each applicable school district or charter school's 477
net enrollment, as determined by Section 37-151-207. To determine 478
additional funding authorized under this section, the number of 479
students in a school district that are identified as the 480
applicable weight shall be calculated as a percentage of the 481
students in the school district. Such amount shall be referred to 482
as the "percentage of applicable students." 483
(2) For students identified as low-income, as defined in 484
Section 37-151-201, the percentage of applicable students in the 485
school district is multiplied by thirty one-hundredths (30/100), 486
and then multiplied by net enrollment. 487
(3) For students identified as English Language Learners, as 488
defined in Section 37-151-201, the percentage of applicable 489
students in the school district is multiplied by fifteen 490
one-hundredths (15/100), and then multiplied by net enrollment. 491
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(4) The following weights are applied to students who are 492
identified as entitled to and receiving services in a special 493
education program: 494
(a) Tier I: For students diagnosed with a specific 495
learning disability, speech and language impairment, or 496
developmental delay, the percentage of applicable students in the 497
school district is multiplied by sixty one-hundredths (60/100), 498
and then multiplied by net enrollment. 499
(b) Tier II: For students diagnosed with autism, 500
hearing impairment, emotional disability, orthopedic impairment, 501
intellectual disability, or other health impairment, the 502
percentage of applicable students in the school district is 503
multiplied by one hundred ten one-hundredths (110/100), and then 504
multiplied by net enrollment. 505
(c) Tier III: For students diagnosed with visual 506
impairment, deaf-blindness, multiple disabilities, or traumatic 507
brain injury, the percentage of applicable students in the school 508
district is multiplied by one hundred thirty one-hundredths 509
(130/100), and then multiplied by net enrollment. 510
For the purpose of student counts, a student entitled to and 511
receiving special education services may not be included under 512
more than one (1) tier prescribed in paragraphs (a), (b) and (c) 513
of this subsection. A student having multiple diagnoses must be 514
counted under the highest tier applicable to that student. 515
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(5) A weight of * * * fourteen and one-half percent (14.5%) 516
is applied to * * * ten percent (10%) of a school district or 517
charter school's net enrollment for the purpose of providing 518
gifted education, regardless of the number of students in a school 519
district or charter school that have been identified as gifted 520
students: the total number of students in net enrollment in a 521
school district or charter school, as determined by Section 522
37-151-207, is multiplied by * * * ten one-hundredths (10/100), 523
which is again multiplied by * * * fourteen and one-half 524
one-hundredths (14.5/100). 525
(6) For Seventh, Eighth, Ninth, Tenth, Eleventh and Twelfth 526
Grade students enrolled in a career and technical education 527
course, as defined in Section 37-151-201, the percentage of 528
applicable students in the school district is multiplied by ten 529
one-hundredths (10/100), and then multiplied by net enrollment. 530
Students enrolled in multiple career and technical education 531
courses are counted once. 532
(7) In each school district or charter school where the 533
number of students identified as low income, as defined in Section 534
37-151-201, exceeds thirty-five percent (35%) of the school 535
district or charter school's net enrollment, a weight of ten 536
percent (10%) is applied only to the number of low-income students 537
in excess of the number of low-income students which constitute 538
thirty-five percent (35%) of net enrollment. The number of 539
students eligible for this weight is calculated by subtracting the 540
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number of students equivalent to thirty-five percent (35%) of the 541
net enrollment of that school district or charter school from the 542
total number of students in that school district or charter school 543
identified as low income: if the total percentage of applicable 544
students identified in subsection (2) exceeds thirty-five percent 545
(35%) of the school district or charter school's total net 546
enrollment, as determined in Section 37-151-207, the difference 547
between the total percentage of applicable students identified in 548
subsection (2) and thirty-five percent (35%) of the school 549
district or charter school's total net enrollment is multiplied by 550
ten one-hundredths (10/100), and then multiplied by net 551
enrollment. 552
(8) The final weighted enrollment of each school district 553
and charter school under the total funding formula as provided for 554
in Sections 37-151-200 through 37-151-215 is determined as 555
follows: 556
(a) The final weighted enrollment for each school 557
district or charter school that is not classified as a sparsely 558
populated district or charter school, as defined in Section 559
37-151-201, is equivalent to the preliminary weighted enrollment 560
of that school district or charter school, as determined in 561
subsections (1) through (7) of this section: the State Department 562
of Education shall add to the school district or charter school's 563
net enrollment, as determined under Section 37-151-207, each of 564
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the additional figures calculated in accordance with subsections 565
(2) through (7), and this total is the final weighted enrollment. 566
(b) The final weighted enrollment for each sparsely 567
populated district or charter school, as defined in Section 568
37-151-201, is determined by multiplying the sparsity weight by 569
the preliminary weighted enrollment, as determined in subsections 570
(1) through (7) of this section, and then adding that figure to 571
the preliminary weighted enrollment. To calculate the final 572
weighted enrollment, the State Department of Education shall add 573
to the school district or charter school's net enrollment, each of 574
the additional figures calculated in accordance with subsections 575
(2) through (7) to determine the preliminary weighted enrollment, 576
multiply this figure by the sparsity weight as determined below, 577
and add this resulting number to the preliminary weighted 578
enrollment to find the final weighted enrollment. To calculate 579
the sparsity weight, the State Department of Education shall find 580
the difference between the number of students per square mile in 581
that district or charter school and a sparsity threshold of eight 582
(8) students per square mile, and then shall divide the resulting 583
figure by one hundred (100) to create a percentage: for example, 584
if the number of students per square mile in a district is three 585
(3), the difference is five (5) (eight (8) minus three (3)), and 586
the sparsity weight is five percent (5%), or five one-hundredths 587
(5/100). 588
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ST: Education funding; update language, and
revise multipliers for gifted education and CTE.
SECTION 8. This act shall take effect and be in force from 589
and after July 1, 2026. 590