Special Education Funding Modifications

21
53F-2-301.1
53F-2-308
53F-2-310
53F-2-317
53F-2-318
53F-2-319
53F-2-320
53F-2-321
1
Special Education Funding Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tracy J. Miller
Senate Sponsor:
LONG TITLE
General Description:
This bill reorganizes and clarifies statutory provisions governing special education
programs.
Highlighted Provisions:
This bill:
defines terms;
reorganizes the Special Education Self-Contained Program into a separate section;
reorganizes the Special Education Self-Contained Support Add-on Program into a
separate section;
reorganizes the Special Education Preschool Program into a separate section;
reorganizes the Extended School Year for Students With Disabilities Program into a
separate section;
reorganizes the s
pecial education program implementation impact aid into a separate
section;
requires the State Board of Education to subgrant to local education agencies to provide
special education services to students in state care;
requires the State Board of Education to create accounting procedures;
authorizes local education agencies to use a portion of certain funds for general education
costs; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-2-310
, as last amended by Laws of Utah 2019, Chapter 186
ENACTS:
53F-2-301.1
, Utah Code Annotated 1953
53F-2-317
, Utah Code Annotated 1953
53F-2-318
, Utah Code Annotated 1953
53F-2-319
, Utah Code Annotated 1953
53F-2-320
, Utah Code Annotated 1953
53F-2-321
, Utah Code Annotated 1953
REPEALS:
53F-2-308
, as last amended by Laws of Utah 2019, Chapter 186
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53F-2-301.1
is enacted to read:
53F-2-301.1
. Definitions.
As used in this part:
(1)
"Services eligible for the self-contained WPU" means specialized instruction of 180
minutes or more per day provided to a student with a disability in accordance with the
student's IEP.
(2)
"Specialized instruction" means specially designed instruction and related services as
defined by the state board in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
Section 2. Section
53F-2-310
is amended to read:
53F-2-310
. Stipends for special educators for additional days of work.
(1)
As used in this section:
(a)
"Special education teacher" means a teacher whose primary assignment is the
instruction of students with disabilities who are eligible for special education services.
(b)
"Special educator" means a person employed by a school district, charter school, or
the Utah Schools for the Deaf and the Blind who holds:
(i)
a license issued by the state board; and
(ii)
a position as a:
(A)
special education teacher;
(B)
speech-language pathologist; or
(C)
teacher of the deaf or hard of hearing
;
.
(2)
The Legislature shall annually appropriate money for stipends to special educators for
additional days of work:
(a)
in recognition of the added duties and responsibilities assumed by special educators
to comply with federal law regulating the education of students with disabilities and
the need to attract and retain qualified special educators; and
(b)
subject to future budget constraints.
(3)
(a)
The state board shall compute the number of weighted pupil units for stipends for
special educators by dividing the total appropriation by the weighted pupil unit value.
(a)
(b)
The state board shall distribute money appropriated under this section to school
districts, charter schools, and the Utah Schools for the Deaf and the Blind for
stipends for special educators in the amount of $200 per day for up to 10 additional
working days.
(b)
(c)
Money distributed under this section shall include, in addition to the $200 per
day stipend, money for the following employer-paid benefits:
(i)
retirement;
(ii)
workers' compensation;
(iii)
Social Security; and
(iv)
Medicare.
(4)
A special educator receiving a stipend shall:
(a)
work an additional day beyond the number of days contracted with the special
educator's school district or school for each daily stipend;
(b)
schedule the additional days of work before or after the school year; and
(c)
use the additional days of work to perform duties related to the IEP process,
including:
(i)
administering student assessments;
(ii)
conducting IEP meetings;
(iii)
writing IEPs;
(iv)
conferring with parents; and
(v)
maintaining records and preparing reports.
(5)
A special educator may:
(a)
elect to receive a stipend for one to 10 days of additional work; or
(b)
elect to not receive a stipend.
(6)
A person who does not hold a full-time position as a special educator is eligible for a
partial stipend equal to the percentage of a full-time special educator position the person
assumes.
Section 3. Section
53F-2-317
is enacted to read:
53F-2-317
. Special Education Self-Contained Program.
(1)
Subject to appropriation by the Legislature, the state board shall distribute money
appropriated for the Special Education Self-Contained Program to an LEA to provide
special education services to students with disabilities receiving services eligible for the
self-contained WPU.
(2)
(a)
The state board shall compute the number of weighted pupil units for the Special
Education Self-Contained Program by determining the number of students with
disabilities receiving services eligible for the self-contained WPU enrolled in each
LEA based on average daily membership from two years before the current fiscal
year.
(b)
Students with disabilities receiving services eligible for the self-contained WPU are
not included in the calculation of weighted pupil units under Section
53F-2-302
.
(3)
An LEA shall use money distributed under this section only for special education
purposes and may not use the money to supplement other school programs.
(4)
The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish procedures for an LEA to:
(a)
identify and report students with disabilities receiving services eligible for the
self-contained WPU; and
(b)
account for expenditures under this section.
Section 4. Section
53F-2-318
is enacted to read:
53F-2-318
. Special Education Self-Contained Support Add-on Program.
(1)
Subject to appropriation by the Legislature, the state board shall distribute money
appropriated for the Special Education Self-Contained Support Add-on Program to an
LEA to provide additional resources for students with significant disabilities.
(2)
(a)
The state board shall compute the number of weighted pupil units for the Special
Education Self-Contained Support Add-on Program by:
(i)
determining the number of students with disabilities receiving services eligible for
the self-contained WPU enrolled in each LEA; and
(ii)
multiplying the number determined under Subsection
(2)(a)(i)
by 1.0 weighted
pupil unit.
(b)
A student with a disability receiving services eligible for the self-contained WPU
qualifies for the add-on weighted pupil unit described in this section in addition to:
(i)
the weighted pupil unit described in Section
53F-2-317
; and
(ii)
the special education add-on weighted pupil unit described in Section
53F-2-307
.
(3)
(a)
An LEA shall account for expenditures under this section as part of the LEA's
special education program.
(b)
An LEA may use up to 25% of the money distributed to the LEA under this section
to support general education costs.
(4)
The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish procedures for an LEA to:
(a)
identify and report students with disabilities receiving services eligible for the
self-contained WPU; and
(b)
account for expenditures under this section.
Section 5. Section
53F-2-319
is enacted to read:
53F-2-319
. Special Education Preschool Program.
(1)
As used in this section, "preschool student with a disability" means a student who:
(a)
is age three, four, or five years old;
(b)
is not enrolled in kindergarten; and
(c)
has an individualized education program.
(2)
(a)
Subject to appropriation by the Legislature, the state board shall distribute money
appropriated for the Special Education Preschool Program to an LEA to provide a
free appropriate public education to preschool students with a disability, as required
by the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(b)
The state board shall distribute money under this section on the basis of an LEA's
count of preschool students with a disability on December 1 of the previous year.
(3)
(a)
The state board shall compute the number of weighted pupil units for the Special
Education Preschool Program by:
(i)
counting the number of preschool students with a disability enrolled in each LEA
on December 1 of the previous year; and
(ii)
multiplying the number determined under Subsection
(3)(a)(i)
by:
(A)
1.47; and
(B)
the weighted pupil unit value for the current fiscal year.
(b)
The state board shall limit the growth in the total number of preschool students with
a disability statewide to 8% over the prior year's December 1 count.
(c)
If the total number of preschool students with a disability statewide exceeds the 8%
growth limit described in Subsection
(3)(b)
, the state board shall distribute money to
each LEA based on the LEA's proportion of the total statewide enrollment of
preschool students with a disability.
(d)
If the total WPU allocated for the state is different from the allocation amount, the
difference is prorated across all districts.
(4)
The state board shall:
(a)
develop guidelines to implement the funding formula described in this section; and
(b)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to administer the Special Education Preschool Program.
Section 6. Section
53F-2-320
is enacted to read:
53F-2-320
. Extended School Year for Students With Disabilities Program.
(1)
As used in this section, "extended school year services" means special education and
related services that:
(a)
are provided to a student with a disability beyond the normal school year;
(b)
are in accordance with the student's individualized education program; and
(c)
are provided at no cost to the parents of the student.
(2)
Subject to appropriation by the Legislature, the state board shall distribute money
appropriated for the Extended School Year for Students With Disabilities Program to an
LEA to provide extended school year services to students with disabilities.
(3)
(a)
The state board shall compute the number of weighted pupil units for the
Extended School Year for Students With Disabilities Program by:
(i)
determining each LEA's base funding amount as established by the state board;
(ii)
calculating remaining funds after distributing base funding amounts under
Subsection
(3)(a)
; and
(iii)
distributing remaining funds to an LEA based on each LEA's percentage
enrollment of students with disabilities for an LEA that reports to the state board
that the LEA has provided Extended School Year services in the prior school year.
(b)
If the total WPU for the state is different from the allocation amount determined by
the formula described in this section, the state board shall distribute the difference in
a prorated amount across all LEAs.
(4)
An LEA shall use money distributed under this section only for students with
disabilities whose individualized education program teams have determined that the
students require extended school year services necessary to provide a free appropriate
public education in accordance with federal law.
(5)
The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a)
establish criteria for determining which students with disabilities qualify for services
described in this section;
(b)
establish procedures for an LEA to:
(i)
identify and report students receiving extended school year services; and
(ii)
account for expenditures under this section; and
(c)
determine base funding amounts for an LEA under Subsection
(3)(a)
.
Section 7. Section
53F-2-321
is enacted to read:
53F-2-321
. Special education program implementation impact aid.
(1)
Subject to appropriation by the Legislature, the state board shall distribute money
appropriated for special education program implementation impact aid to provide special
education services to students in state care, as the state board defines, and to support
special education administrative functions for LEAs that qualify under criteria the state
board establishes.
(2)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules to establish criteria and procedures for distributing money
under this section.
Section 8.
Repealer.
Preschool special education appropriation -- Extended year program
appropriation -- Appropriation for special education programs in state institutions --
Appropriations for stipends for special educators.
Section 9.
Effective Date.
This bill takes effect on
July 1, 2026
.
2-2-26 12:53 PM