Public Education Budget Amendments

22
53E-1-201
53E-1-202
53E-3-1004
53E-8-207
53F-2-311
53F-2-317
53F-2-405
53F-2-510
53F-2-522
53F-2-523
53F-2-707
53F-5-202
53F-6-501
63I-2-253
63J-1-206
0
Public Education Budget Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Heidi Balderree
House Sponsor: Stephen L. Whyte
LONG TITLE
General Description:
This bill supplements or reduces appropriations otherwise provided for the support and
operation of public education for the fiscal year beginning July 1, 2025, and ending June 30,
2026, and appropriates funds for the support and operation of public education for the fiscal
year beginning July 1, 2026, and ending June 30, 2027.
Highlighted Provisions:
This bill:
defines terms;
repeals the Digital Teaching and Learning Grant Program and an associated reporting
requirement;
creates reporting requirements regarding:
the state superintendent transferring money appropriated to the Minimum School
Program; and
student personnel and data standards for the Utah Schools for the Deaf and the Blind;
requires the State Board of Education (state board) to establish certain student and
personnel data standards for the Utah Schools for the Deaf and the Blind;
enacts provisions related to:
weighted pupil units for college and career counseling;
the calculation of educator salary adjustments;
the state board's distribution of public education mental health screening funds; and
a scholarship student's use of funds under the Utah Private Course Choice
Empowerment Program;
creates a repeal date for:
the Personalized, Competency-based Learning Grants Program; and
small school student access to online courses;
allows the state superintendent to transfer certain money related to state board line items;
provides appropriations for the use and support of school districts, charter schools, and
state education agencies;
creates a new College and Career Counseling program by transferring funding and
weighted pupil units from the Career
Technical Education - Add-on program;
increases weighted pupil units for the Students At-Risk WPU Add-on program;
provides appropriations for other purposes as described;
makes technical and conforming changes; and
provides intent language.
Money Appropriated in this Bill:
This bill appropriates
$79,610,500
in operating and capital budgets for fiscal year 2026,
including:
$13,414,200
from Income Tax Fund; and
$66,196,300
from various sources as detailed in this bill.
This bill appropriates
($49,600)
in restricted fund and account transfers for fiscal year 2026, all
of which is from the Income Tax Fund.
This bill appropriates
$124,145,000
in operating and capital budgets for fiscal year 2027,
including:
($2,500)
from General Fund; and
($11,994,900)
from Income Tax Fund; and
($23,849,100)
from Uniform School Fund; and
$159,991,500
from various sources as detailed in this bill.
This bill appropriates
($42,883,200)
in restricted fund and account transfers for fiscal year
2027, including:
($49,600)
from Income Tax Fund; and
($42,833,600)
from Uniform School Fund.
This bill appropriates
$4,800,000
in fiduciary funds for fiscal year 2027, all of which is from
the various sources as detailed in this bill.
Other Special Clauses:
This bill provides a special effective date.
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Utah Code Sections Affected:
AMENDS:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 9
53E-1-202
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 7
53E-3-1004
Effective
07/01/26
, as enacted by Laws of Utah 2022, Chapter 285
53F-2-311
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 165
53F-2-405
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 165
53F-2-522
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapters 73, 245
53F-6-501
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 541
63I-2-253
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
63J-1-206
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
ENACTS:
53E-8-207
Effective
07/01/26
, Utah Code Annotated 1953
53F-2-317
Effective
07/01/26
, Utah Code Annotated 1953
REPEALS:
53F-2-510
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53F-2-523
Effective
07/01/26
, as enacted by Laws of Utah 2020, Sixth Special Session,
Chapter 9
53F-2-707
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 287
53F-5-202
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapters 354,
408
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-1-201
is amended to read:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
. Reports to and
action required of the Education Interim Committee.
(1)
In accordance with applicable provisions and Section
68-3-14
, the following recurring
reports are due to the Education Interim Committee:
(a)
the report described in Section
9-22-109
by the STEM Action Center Board,
including the information described in Section
9-22-113
on the status of the computer
science initiative and Section
9-22-114
on the Computing Partnerships Grants
Program;
(b)
the prioritized list of data research described in Section
53H-15-303
and the report
on research and activities described in Section
53H-15-305
by the Utah Data
Research Center;
(c)
the report described in Section
53H-1-203
by the Utah Board of Higher Education on
career and technical education issues and addressing workforce needs;
(d)
the annual report of the Utah Board of Higher Education described in Section
53H-1-203
;
(e)
the reports described in Section
53H-7-603
by the Utah Board of Higher Education
regarding activities related to campus safety;
(f)
the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(g)
the annual report described in Section
53E-2-202
by the state board on the strategic
plan to improve student outcomes;
(h)
the report described in Section
53E-3-501
by the state board on students in an LEA
who receive academic credit through the packet method;
(i)
the report described in Section
53E-8-204
by the state board on the Utah Schools for
the Deaf and the Blind;
(j)
the report described in Section
53E-10-703
by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k)
the report described in Section
53F-2-522
regarding mental health screening
programs;
(l)
the report described in Section
53F-4-203
by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(m)
the report described in Section
53F-6-412
by the program manager of the Utah Fits
All Scholarship Program;
(n)
the report described in Section
63N-20-107
by the Governor's Office of Economic
Opportunity on UPSTART;
(o)
the report described in Section
53F-5-215
by the state board related to a grant for an
elementary teacher preparation assessment;
(p)
upon request, the report described in Section
53F-5-219
by the state board on the
Local Innovations Civics Education Pilot Program;
(q)
the report described in Section
53F-5-405
by the state board regarding an evaluation
of a partnership that receives a grant to improve educational outcomes for students
who are low-income;
(r)
the report described in Section
53H-1-604
regarding the Higher Education and
Corrections Council;
(s)
the report described in Section
53G-7-221
by the state board regarding innovation
plans; and
(t)
the reports described in Section
53F-6-412
regarding the Utah Fits All Scholarship
Program.
(2)
In accordance with applicable provisions and Section
68-3-14
, the following occasional
reports are due to the Education Interim Committee:
(a)
in 2027, 2030, 2033, and 2035, the reports described in Sections
53H-1-502
,
53H-1-503
, and
53H-1-504
;
(b)
in 2025, the report described in Section
53H-6-203
by a degree-granting institution
regarding policies on abusive coaching practices;
(c)
if required, the report described in Section
53E-4-309
by the state board explaining
the reasons for changing the grade level specification for the administration of
specific assessments;
(d)
if required, the report described in Section
53E-5-210
by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide
assessment;
(e)
the report described in Section
53E-10-702
by Utah Leading through Effective,
Actionable, and Dynamic Education;
(f)
if required, the report described in Section
53F-2-513
by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in
high-poverty schools;
(g)
upon request, the report described in Section
53F-10-303
by the state board
regarding the Rural School Sports Facilities Grant Program;
(h)
upon request, a report described in Section
53G-7-222
by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative
education program;
(i)
the reports described in Section
53G-11-304
by the state board regarding proposed
rules and results related to educator exit surveys; and
(j)
the report described in Section
26B-5-113
by the Office of Substance Use and Mental
Health, the state board, and the Department of Health and Human Services regarding
recommendations related to Medicaid reimbursement for school-based health
services.
(3)
In accordance with applicable provisions and Section
68-3-14
, every five years the
Education Interim Committee shall review the programs described in the following
sections of code:
(a)
beginning July 1, 2027, Title
53E, Chapter 10, Part 3
, Concurrent Enrollment;
(b)
beginning July 1, 2027, Section
53F-2-408
, Enhancement for Accelerated Students
Program;
(c)
beginning July 1, 2027, Section
53F-2-409
, Concurrent enrollment funding;
(d)
beginning July 1, 2027, Section
53F-2-415
, Student health and counseling support --
Qualifying personnel -- Distribution formula -- Rulemaking;
(e)
beginning July 1, 2028, Section
53F-2-416
, Appropriation and distribution for the
Teacher and Student Success Program;
(f)
beginning July 1, 2028, Section
53F-2-510
, Digital Teaching and Learning Grant
Program;
(g)
(f)
beginning July 1, 2028, Section
53F-9-306
, Teacher and Student Success
Account;
(h)
(g)
beginning July 1, 2028, Title
53G, Chapter 7, Part 13
, Teacher and Student
Success Program; and
(i)
(h)
beginning July 1, 2029, Section
53F-2-502
, Dual language immersion.
Section 2. Section
53E-1-202
is amended to read:
53E-1-202
Effective
07/01/26
. Reports to and action required of the Public
Education Appropriations Subcommittee.
(1)
In accordance with applicable provisions and Section
68-3-14
, the following recurring
reports are due to the Public Education Appropriations Subcommittee:
(a)
the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(b)
the state s
uperintendent's required report described in Subsection
63J-1-206(3)(b)

related to transferring money appropriated to the Minimum School Program for fiscal
years 2027 and 2028;
(c)
the report described in Section
53E-8-204
by the state board regarding student
personnel and data standards for the Utah Schools for the Deaf and the Blind;
(b)
(d)
the report described in Section
53E-10-703
by the Utah Leading through
Effective, Actionable, and Dynamic Education director on research and other
activities; and
(c)
(e)
the report by the STEM Action Center Board described in Section
9-22-109
,
including the information described in Section
9-22-113
on the status of the computer
science initiative.
(2)
In accordance with applicable provisions, the Public Education Appropriations
Subcommittee shall complete,

if required, the study described in Section
53F-4-304
of
scholarship payments.
Section 3. Section
53E-3-1004
is amended to read:
53E-3-1004
Effective
07/01/26
. Community engagement for early literacy.
(1)
As used in this section, "Title I school" means a school that receives funds under Title I
of the Elementary and Secondary Education Act of 1965, 20 U.S.C. Sec. 6301 et seq.
(1)
(2)
The state board shall:
(a)
partner with a private business or nonprofit organization to annually provide
personal, home-use, age-appropriate printed books or digital books with
accompanying electronic reading devices to students:
(i)
who attend:
(A)
a school that participates in partnerships that receive grants under
Title 53F,
Chapter 5, Part 4, Partnerships for Student Success Grant Program
; or
(B)
a Title I school
, as that term is defined in Section
53F-2-523
; and
(ii)
at a minimum, in kindergarten through grade 3; and
(b)
provide students a choice of language where possible.
(2)
(3)
The state board shall develop and promote a website that provides resources for
teachers and other educational support personnel to support targeted activities and
strategies for parents to support at-home reading.
(3)
(4)
The state board shall contract with one or more organizations that have expertise in
coordinating community resources to:
(a)
provide training and coaching to community, school, and parent engagement
coordinators; and
(b)
for a school that is not participating in a partnership that receives a grant under
Title
53F, Chapter 5, Part 4, Partnerships for Student Success Grant Program
:
(i)
assess the presence of existing community school infrastructure; and
(ii)
provide necessary supports for parent, community, and business engagement,
including services and coordination support.
Section 4. Section
53E-8-207
is enacted to read:
53E-8-207
Effective
07/01/26
. Student count -- Data -- Reporting.
(1)
The state board shall establish student and personnel data standards for the Utah
Schools for the Deaf and the Blind that:
(a)
provide for comparability of data with similar data elements in the public education
system; and
(b)
support accurate and timely reporting.
(2)
In establishing the data standards described in Subsection
(1)
, the state board shall:
(a)
adopt a centralized data management system for the Utah Schools for the Deaf and
the Blind with appropriate system controls and automated data management
strategies where practicable;
(b)
coordinate with the Utah Schools for the Deaf and the Blind to reconcile data
sources; and
(c)
require the Utah Schools for the Deaf and the Blind to identify benchmarks and
report relevant comparisons of assessment data in the annual report described in
Subsection
53E-8-204(5)
.
(3)
On or before August 15, 2026, the state board shall report to the Public Education
Appropriations Subcommittee on the implementation of Subsection
(1)
.
Section 5. Section
53F-2-311
is amended to read:
53F-2-311
Effective
07/01/26
. Weighted pupil units for career and technical
education programs -- Funding of approved programs -- Performance measures --
Qualifying criteria.
(1)
(a)
Money appropriated to the state board for approved career and technical education
programs
and the comprehensive guidance program
:
(i)
shall be allocated to eligible recipients as provided in Subsections
(2)
,
(3)
, and
(4)
;
and
(ii)
may not be used to fund programs below grade 9.
(b)
Subsection
(1)(a)(ii)
does not apply to the
following programs:
work-based learning
programs
.
(i)
comprehensive guidance; and
(ii)
work-based learning programs.
(2)
(a)
Weighted pupil units are computed for pupils in approved programs.
(b)
(i)
The state board shall fund approved programs based upon hours of membership
of grades 9 through 12 students.
(ii)
Subsection
(2)(b)(i)
does not apply to the
following programs:
(A)
comprehensive guidance; and
(B)
work-based learning programs.
work-based learning programs.
(c)
The state board shall use an amount not to exceed 20% of the total appropriation
under this section to fund approved programs based on performance measures such
as placement and competency attainment defined in standards set by the state board.
(d)
The state board shall make the necessary calculations for distribution of the
appropriation to a school district and charter school and may revise and recommend
changes necessary for achieving equity and ease of administration.
(3)
(a)
Twenty weighted pupil units shall be computed for career and technical education
administrative costs for each school district, except 25 weighted pupil units may be
computed for each school district that consolidates career and technical education
administrative services with one or more other school districts.
(b)
Between 10 and 25 weighted pupil units shall be computed for each high school
conducting approved career and technical education programs in a school district
according to standards established by the state board.
(c)
Forty weighted pupil units shall be computed for each school district that operates an
approved career and technical education center.
(d)
Between five and seven weighted pupil units shall be computed for each summer
career and technical education agriculture program according to standards established
by the state board.
(e)
The state board shall, by rule, establish qualifying criteria for a school district or
charter school to receive weighted pupil units under this Subsection
(3)
.
(4)
(a)
Money remaining after the allocations made under Subsections
(2)
and
(3)
shall
be allocated using average daily membership in approved programs for the previous
year.
(b)
A school district or charter school that has experienced student growth in grades 9
through 12 for the previous year shall have the growth factor applied to the previous
year's weighted pupil units when calculating the allocation of money under this
Subsection
(4)
.
(c)
An LEA may use funds received through the general allocation described in this
Subsection
(4)
for Technology-Life-Careers and student leadership organizations.
(5)
(a)
The state board shall establish rules for upgrading high school career and
technical education programs.
(b)
The rules shall reflect career and technical training and actual marketable job skills
in society.
(c)
The rules shall include procedures to assist school districts and charter schools to
convert existing programs that are not preparing students for the job market into
programs that will accomplish that purpose.
(6)
Programs that do not meet state board standards may not be funded under this section.
Section 6. Section
53F-2-317
is enacted to read:
53F-2-317
Effective
07/01/26
. Weighted pupil units for college and career
counseling.
(1)
(a)
Subject to legislative appropriations, the state board shall distribute WPUs to a
qualifying LEA in accordance with this section.
(b)
An LEA that meets the requirements of Subsection
(3)
may receive a distribution of
WPUs as follows:
(i)
a base number of WPUs for the first 400 students enrolled in the LEA, as the state
board determines; and
(ii)
a per-student WPU allocation, as the state board determines, for each additional
student enrolled in the LEA beyond 400 students, up to 1,200 students.
(2)
The state board shall:
(a)
use the October 1 enrollment count from the previous fiscal year to determine the
number of students for purposes of calculating a distribution under this section;
(b)
annually adjust the number of WPUs the state board distributes under this section in
proportion to the percentage increase or decrease in total statewide student
enrollment; and
(c)
increase or decrease the total WPUs available under this section each fiscal year
based on the percentage increase or decrease in total statewide enrollment that the
state board determines using October 1 enrollment data from the previous fiscal year.
(3)
To qualify for a distribution under this section, an LEA shall:
(a)
have a plan for college and career readiness consistent with Section
53F-2-311
;
(b)
have an approved student success framework described in Section
53G-7-1304
;
(c)
maintain a school counselor-to-student ratio the state board determines; and
(d)
meet any additional requirements the state board establishes in rule.
(4)
An LEA that receives a WPU under this section shall use the funds to support college
and career counseling and readiness services.
(5)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules to:
(a)
determine the base number of WPUs and per-student WPU allocation described in
Subsection
(1)
;
(b)
establish procedures for calculating and distributing WPUs under this section; and
(c)
define additional qualifying criteria consistent with this section.
Section 7. Section
53F-2-405
is amended to read:
53F-2-405
Effective
07/01/26
. Educator salary adjustments.
(1)
As used in this section, "educator" means a person employed by a school district,
charter school, regional education service agency, or the Utah Schools for the Deaf and
the Blind who holds:
(a)
(i)
a license issued by the state board; and
(ii)
a position as a:
(A)
classroom teacher;
(B)
speech pathologist;
(C)
librarian or media specialist;
(D)
preschool teacher;
(E)
mentor teacher;
(F)
teacher specialist or teacher leader;
(G)
guidance counselor;
(H)
audiologist;
(I)
psychologist; or
(J)
social worker; or
(b)
(i)
a license issued by the Division of Professional Licensing; and
(ii)
a position as a social worker.
(2)
In recognition of the need to attract and retain highly skilled and dedicated educators,
the Legislature shall annually appropriate money for educator salary adjustments,
subject to future budget constraints.
(3)
(a)
The state board shall distribute to each school district, each charter school, each
regional education service agency, and the Utah Schools for the Deaf and the Blind
money that the Legislature appropriates for educator salary adjustments based on the
number of educator positions described in Subsection
(1)
in the school district, the
charter school, each regional education service agency, or the Utah Schools for the
Deaf and the Blind.
(b)
Notwithstanding Subsection
(3)(a)
, if appropriations are insufficient to provide the
full amount of educator salary adjustments described in this section, the state board
shall distribute money appropriated for educator salary adjustments to school
districts, charter schools, each regional education service agency, and the Utah
Schools for the Deaf and the Blind in proportion to the number of
full-time-equivalent educator positions in a school district, a charter school, each
regional education service agency, or the Utah Schools for the Deaf and the Blind as
compared to the total number of full-time-equivalent educator positions in school
districts, charter schools, each regional education service agency, and the Utah
Schools for the Deaf and the Blind.
(4)
A school district, a charter school, each regional education service agency, or the Utah
Schools for the Deaf and the Blind shall award bonuses to educators as follows:
(a)
for fiscal year 2026, the amount of the salary adjustment for each
full-time-equivalent educator is:
(i)
if
Chapter 6, Part 4, Utah Fits All Scholarship Program
, is funded and in effect,
$10,350; or
(ii)
if
Chapter 6, Part 4, Utah Fits All Scholarship Program
, is not funded and in
effect, $5,175;
(b)
an individual who is not a full-time educator shall receive a partial salary adjustment
based on the number of hours the individual works as an educator;
(c)
a salary adjustment may not be awarded if an educator has received an unsatisfactory
rating on the educator's three most recent evaluations; and
(d)
for a fiscal year beginning on or after July 1, 2024,
the amount of the salary
adjustment is equal to:
(i)
the amount of salary adjustment in the preceding fiscal year; and
(ii)
a percentage increase that is equal to the percentage increase
in the
for the lesser
of the:
(A)
value of the WPU in the preceding fiscal year
.
; or
(B)
the percent change in the value of the Consumer Price I
ndex in the preceding
fiscal year compared to the current fiscal year.
(5)
In

accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
state board:
(a)
shall make rules to ensure that the LEAs do not:
(i)
reduce or supplant a compensation increase from an increase in the WPU value
with an increase from the salary supplement in this section; or
(ii)
reduce or artificially limit a teacher's salary to convert the salary supplement in
this section into a windfall to the LEA; and
(b)
may make rules as necessary to administer this section.
(6)
(a)
Subject to future budget constraints, the Legislature shall appropriate sufficient
money each year to:
(i)
maintain educator salary adjustments provided in prior years; and
(ii)
provide educator salary adjustments to new employees.
(b)
Money appropriated for educator salary adjustments shall include money for the
following employer-paid benefits:
(i)
retirement;
(ii)
worker's compensation;
(iii)
social security; and
(iv)
Medicare.
(7)
(a)
Subject to future budget constraints, the Legislature shall:
(i)
maintain the salary adjustments provided to school administrators in the 2007-08
school year; and
(ii)
provide salary adjustments for new school administrators in the same amount as
provided for existing school administrators.
(b)
The appropriation provided for educator salary adjustments described in this section
shall include salary adjustments for school administrators as specified in Subsection
(7)(a)
.
(c)
In distributing and awarding salary adjustments for school administrators, the state
board, a school district, a charter school, each regional education service agency, or
the Utah Schools for the Deaf and the Blind shall comply with the requirements for
the distribution and award of educator salary adjustments as provided in Subsections
(3)
and
(4)
.
Section 8. Section
53F-2-522
is amended to read:
53F-2-522
Effective
07/01/26
. Public education mental health screening.
(1)
As used in this section:
(a)
"Division" means the Division of Integrated Healthcare within the Department of
Health and Human Services.
(b)
"Non-participating LEA" means an LEA that does not administer an approved
mental health screening program described in this section.
(c)
"Participating LEA" means an LEA that has an approved screening program
described in this section.
(d)
"Participating student" means a student in a participating LEA who participates in a
mental health screening program.
(e)
"Qualifying parent" means a parent:
(i)
of a participating student who, based on the results of a screening program, would
benefit from resources that cannot be provided to the participating student in the
school setting; and
(ii)
who qualifies for financial assistance to pay for the resources under rules made by
the state board.
(f)
"Screening program" means a student mental health screening program selected by a
participating LEA and approved by the state board in consultation with the division.
(2)
(a)
On or before July 1, 2023, an LEA governing board shall determine whether the
LEA will be a participating LEA or a non-participating LEA for the 2023-24 school
year.
(b)
(i)
During the 2023-24 school year, and each year after, a participating LEA may
change the LEA's participation status and become a non-participating LEA for the
next school year by reporting the status change to the state board on or before
August 1, 2024.
(ii)
An LEA that changed the LEA's status from participating to non-participating in
Subsection
(2)(b)(i)
is subject to the requirements of a non-participating LEA
described in Subsection
(2)(c)
.
(c)
(i)
During the 2023-24 school year, and each year after, a non-participating LEA's
governing board shall submit a record of determination to the state board on or
before August 1 of each year, which record shall state whether the
non-participating LEA will:
(A)
maintain the LEA's non-participating status; or
(B)
change the LEA's status to be a participating LEA.
(ii)
If the non-participating LEA determines the LEA will change participation status
and become a participating LEA, the LEA's status of participation will change at
the end of the current school year.
(d)
If an LEA governing board failed to make the determination required in Subsection
(2)(a)
on or before July 1, 2023, the LEA governing board shall determine whether
the LEA will be a participating LEA for the 2024-25 school year and notify the state
board of the determination on or before August 1, 2024.
(3)
The state board shall:
(a)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to:
(i)
establish a process for a participating LEA to submit a selected screening program
to the state board for approval;
(ii)
in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection,
and the Family Educational Rights and Privacy Act, 20 U.S.C.
Sec.
1232g,
establish who may access and use a participating student's screening data;
(iii)
establish a requirement and a process for appropriate LEA or school personnel to
attend annual training related to administering the screening program;
(iv)
determine whether a parent is eligible to receive the financial support described
in Subsection
(5)(a)
as a qualifying parent; and
(v)
apply for and distribute the financial support described in Subsection
(5)(a)
;
(b)
in consultation with the division, approve an evidence-based student mental health
screening program selected by a participating LEA that:
(i)
is age appropriate for each grade in which the screening program is administered;
(ii)
screens for the mental health conditions determined by the state board and
division; and
(iii)
is an effective tool for identifying whether a student has a mental health
condition that requires intervention; and
(c)
on or before August 30 of each year, submit a report on the screening programs to
the
State
Statewide
Suicide Prevention Committee created under Section
26B-5-611
and

the Education Interim Committee in accordance with Section
53E-1-201
that contains
the following:
(i)
the approximate number of participating students that were screened in each
participating LEA the previous school year;
(ii)
the approximate number of participating students referred to additional services
or for whom intervention was required;
(iii)
the names and number of:
(A)
participating LEAs;
(B)
non-participating LEAs; and
(C)
LEAs that failed to make and report to the state board the determination to be
participating or non-participating LEAs;
(iv)
information regarding:
(A)
reasons why an LEA failed to make a determination to be a participating or
non-participating LEA; and
(B)
any LEA that determined to be a participating LEA but failed to implement a
mental health screening program;
(v)
an overview of how participating LEAs utilized distributed funds; and
(vi)
whether the amount of distributed funds to each participating LEA was sufficient
for the participating LEA's needs.
(4)
A participating LEA shall:
(a)
in accordance with rules made by the state board under Subsection
(3)(a)
, submit a
selected evidence-based screening program to the state board for approval;
(b)
implement and administer a state board-approved mental health screening program
to participating students in the participating LEA by:
(i)
annually notifying each parent with a student in the participating LEA that the
parent may have the student screened for mental health conditions;
(ii)
obtaining prior written consent from a student's parent, that complies with Section
53E-9-203
, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec.
1232g, before the participating LEA screens a participating student;
(iii)
screening the student for mental health conditions; and
(iv)
if results of a participating student's screening indicate a potential mental health
condition, notifying the parent of the participating student of:
(A)
the participating student's results; and
(B)
resources available to the participating student, including any services that can
be provided by the school mental health provider or by a partnering entity;
(c)
use state board-distributed funds for the purposes described in Subsection
(5)(a)
; and
(d)
provide the state board with necessary information and data for the state board to
complete the report described in Subsection
(3)(c)
.
(5)
(a)
Within appropriations made by the Legislature for this purpose, the state board
may distribute funds to a participating LEA to use to:
(i)
implement and administer a mental health screening for participating students as
described in Subsection
(4)(b)
; and
(ii)
assist a qualifying parent to pay for resources described in Subsection
(4)(b)(iv)(B)
that cannot be provided by a school mental health professional in the
school setting.
(b)
To distribute funds as described in Subsection (5)(a), the state board shall:
(i)
distribute 90% of the available funds to participating LEAs based on the previous
year's average daily membership count; and
(ii)
distribute the remaining 10% of the available funds on an as-needed basis to
participating LEAs if the LEA has exhausted the funds distributed under
Subsection (5)(b)(i) and has additional need.
(b)
The state board shall distribute the funds described in Subsection
(5)(a)
on an
as-needed basis to a participating LEA.
(c)
The state board may not distribute funds described in Subsection
(5)(a)
to a
non-participating LEA.
(6)
A school employee trained in accordance with rules made by the state board under
Subsection
(3)(a)(iii)
, who administers an approved mental health screening in
accordance with this section in good faith, is not liable in a civil action for an act taken
or not taken under this section.
Section 9. Section
53F-6-501
is amended to read:
53F-6-501
Effective
07/01/26
. Utah Private Course Choice Empowerment
program.
(1)
As used in this section:
(a)
"Authorized online course provider" or "provider" means a provider approved by the
program manager to offer online courses through the program.
(b)
"Blended learning" means an education model that:
(i)
combines in-person and online or digital instruction and learning activities;
(ii)
allows students to receive instruction through:
(A)
direct, in-person interaction with an instructor;
(B)
digital or online content and activities; or
(C)
a combination of both in-person and online methods;
(iii)
may include hybrid teaching formats where:
(A)
some students participate in-person while others participate remotely; or
(B)
instruction alternates between in-person and online delivery; and
(iv)
provides students flexibility in time, place, path, or pace of learning.
(c)
"Contract administrator" means the state board's appointed
Deputy Superintendent
of Operations
deputy superintendent of operations
that ensures the program manager
meets contractual obligations.
(d)
"Contract oversight and compliance" means the oversight and coordination functions
performed by the Department of Operations contract administrator, including:
(i)
establishing and maintaining program standards within a contract with a program
manager;
(ii)
determining operational requirements and structures;
(iii)
procuring and managing contracts for program services and standards;
(iv)
ensuring program integrity through direct or contracted oversight;
(v)
coordinating program functions and contracted services with a program manager;
and
(vi)
maintaining appropriate separation between government oversight and
independent program operations.
(e)
"Contracted entity" means an organization that:
(i)
contracts with the state board to perform duties and functions necessary for
program administration and operations;
(ii)
is not affiliated with any international organization;
(iii)
does not harvest data for the purpose of reproducing or distributing the data to
other entities;
(iv)
has no involvement in guiding or directing any curriculum or curriculum
standards; and
(v)
performs the specific duties and functions assigned in the contract with the state
board.
(f)
"Department of Operations" means the section of the state board that oversees
financial operations, procurement operations, data and statistics operations, school
land trust, and information technology operations for the state board.
(g)
"Eligible student" means a student:
(i)
who attends a private school whose parent is a resident of Utah; or
(ii)
who is an exchange student residing in Utah and enrolled in a private school in
Utah.
(h)
"Online course" means a course of instruction for grades 6 through 12 offered
through the program using digital technology, including:
(i)
an exclusively online learning and instructional model; or
(ii)
blended learning models.
(i)
"Private school" means the same as
that
term is defined in Section
53F-6-401
.
(j)
"Program" means the Utah Private Course Choice Empowerment program created in
this section.
(k)
"Program manager" means a contracted entity that, at the time of application,
demonstrates the ability without external contracts to internally meet the
qualifications specified in this section, that is contracted by the state board to
administer the Utah Private Course Choice Empowerment program, including:
(i)
the ability to manage, distribute, and transact program funds;
(ii)
capacity to create and maintain a user-friendly website;
(iii)
the ability to verify a student's eligibility based on the requirements of this part;
(iv)
capacity to process provider payments and maintain financial records;
(v)
ability to track, monitor, and report program enrollment, participation, and
outcomes at both provider and individual student levels; and
(vi)
maintenance of a publicly accessible provider list, including:
(A)
the capability to allow a student or a student's parent to rate, review, and share
information about providers; and
(B)
appropriate links to a provider's course catalog.
(2)
The program is created to enable an eligible student to engage in taking online courses.
(3)
The purposes of the program are to:
(a)
provide a student with access to online learning options regardless of where the
student attends school, including blended learning settings;
(b)
provide digital learning options for a student regardless of language, residence,
family income, or special needs;
(c)
utilize the power and scalability of technology to customize education so that a
student may learn in the student's own style preference and at the student's own pace;
(d)
provide greater access to self-paced programs enabling a high achieving student to
accelerate academically, while a struggling student may have additional time and
help to gain competency;
(e)
allow a student to customize the student's schedule to better meet the student's
academic goals;
(f)
provide quality learning options to better prepare a student for post-secondary
education and career opportunities; and
(g)
support flexible learning environments through blended learning options that
combine the benefits of both in-person and online instruction to enhance student
engagement and achievement.
(4)
An eligible student may enroll in an online course offered through the program if:
(a)
the student meets the course prerequisites; and
(b)
the course is open for enrollment.
(5)
(a)
An eligible student may enroll in online courses up to the equivalent of six credits
per school year.
(b)
Notwithstanding Subsection
(5)(a)
, if an eligible student is also a scholarship student
as defined in Section
53F-6-401
, the student may enroll in online courses up to the
equivalent of four credits per school year.
(c)
Beginning July 1, 2027, an eligible student participating in the program that is a
scholarship student, as that term is defined in Section
53F-6-401
, shall use
scholarship funds, as that term is defined in Section
53F-6-401
, to participate in the
program.
(6)
(a)
No later than April 1, 2025, the state board shall:
(i)
in accordance with Title 63G, Chapter 6a, Utah Procurement Code, enter in an
agreement with one or more contracted entities to serve as a program manager for
the program, including management of the funds appropriated for the program;
(ii)
ensure the initial contract is no more than a three-year contract with annual
renewal options subject to performance review and compliance with Title 63G,
Chapter 6a, Utah Procurement Code; and
(iii)
ensure the contract:
(A)
clearly delineates the specific duties and functions to be performed;
(B)
ensures the efficiency and success of the program;
(C)
maintains appropriate separation between program and contract administration
and direct educational services;
(D)
preserves the independence of educational decisions made between parents
and providers; and
(E)
does not impose any requirements on the program manager that are not
essential to the basic administration of the program or create restrictions,
directions, or mandates regarding instructional content or curriculum.
(b)
The state board shall perform contract oversight and compliance through the contract
administrator, who shall:
(i)
regulate and take enforcement action as necessary against a program manager in
accordance with the provisions of the state board's agreement with the program
manager;
(ii)
ensure the program manager adheres to all contractual obligations;
(iii)
review all program reports and financial records;
(iv)
conduct regular compliance audits; and
(v)
evaluate the program manager's performance annually.
(c)
The state board shall not include a provision in any rule that creates or implies a
restriction, direction, or mandate regarding program administration, including student
enrollment, payments to providers, instructional content, or curriculum.
(d)
The state board, in collaboration with the contract administrator, may:
(i)
distribute program functions among multiple contracted entities, including:
(A)
program management functions;
(B)
financial processing and payment functions;
(C)
provider management functions; and
(D)
other administrative functions as needed; and
(ii)
ensure appropriate coordination between all contracted entities through clearly
defined roles and responsibilities in each contract.
(7)
(a)
The program manager shall:
(i)
administer the program;
(ii)
ensure an eligible student can navigate to all authorized online course providers'
enrollment platforms or tools for the program;
(iii)
approve and oversee authorized online course providers;
(iv)
establish guidelines for qualifying providers and courses;
(v)
manage funds appropriated for the program;
(vi)
make payments to authorized online course providers that may not include
transaction fees of any kind;
(vii)
as described in Subsection
(19)
, provide an annual report on the performance of
the program to the Education Interim Committee; and
(viii)
ensure compliance with applicable laws and regulations.
(b)
The program manager shall maintain detailed financial records subject to review by
the contract administrator, including:
(i)
all course payments processed;
(ii)
provider payment histories;
(iii)
administrative costs; and
(iv)
audit results.
(8)
The state board may regulate and take enforcement action as necessary against a
program manager in accordance with the provisions of the state board's agreement with
the program manager.
(9)
(a)
If the state board determines that a program manager has violated a provision of
this part or a provision of the state board's agreement with the program manager, the
state board shall send written notice to the program manager explaining the violation
and the remedial action required to correct the violation.
(b)
A program manager that receives a notice described in Subsection
(9)(a)
shall, no
later than 60 days after the day on which the program manager receives the notice,
correct the violation and report the correction to the state board.
(c)
(i)
If a program manager that receives a notice described in Subsection
(9)(a)
fails
to correct a violation in the time period described in Subsection
(9)(b)
, the state
board may bar the program manager from further participation in the program.
(ii)
A program manager may appeal a decision of the state board under Subsection
(9)(c)(i)
in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(d)
A program manager may not accept state funds while the program manager:
(i)
is barred from participating in the program under Subsection
(9)(c)(i)
; or
(ii)
has an appeal pending under Subsection
(9)(c)(ii)
.
(e)
A program manager that has an appeal pending under Subsection
(9)(c)(ii)
may
continue to administer online courses during the pending appeal.
(10)
The program manager shall approve online course providers to offer courses through
the program.
(11)
(a)
Subject to Subsection
(11)(b)
, the program manager shall establish a process to
approve an entity as an authorized online course provider, including:
(i)
the entity's demonstration of at least three years of experience in either:
(A)
developing and delivering proprietary digital coursework for students; or
(B)
successfully aggregating and managing third-party digital education providers
and courses for students;
(ii)
the ability to provide a publicly available user-friendly website for an eligible
student, including:
(A)
an accessible course enrollment system;
(B)
comprehensive provider and course information; and
(C)
program participation metrics;
(iii)
verification that within the past five years, the entity:
(A)
has not been subject to sanctions;
(B)
has not undergone investigations;
(C)
has not had adverse findings in malfeasance audits; and
(D)
has not received other official censures in any state where it delivers digital
courses;
(iv)
certification that the entity is not currently named in any lawsuit or ongoing civil
litigation in any state where the entity delivers digital courses; and
(v)
the entity's demonstrated capacity to:
(A)
evaluate and monitor course quality and content;
(B)
verify instructor qualifications and experience;
(C)
ensure instructor technical competency;
(D)
conduct instructor background checks;
(E)
provide regular professional development;
(F)
implement student safety policies;
(G)
maintain data privacy and security;
(H)
enforce a learner code of conduct; and
(I)
uphold academic integrity standards.
(b)
In accordance with Subsection
(13)
, the program manager shall allow all authorized
online course providers and courses the state board has approved up to July 1, 2024,
for the Statewide Online Education Program described in Title 53F, Chapter 4, Part 5,
Statewide Online Education Program, to be offered to private school students.
(12)
The program manager may revoke approval of an authorized online course provider
for non-compliance with program requirements described in this section or poor
performance as the program manager determines.
(13)
The program manager shall establish a process for reviewing and approving courses to
be offered through the program, including:
(a)
submission of the following course information:
(i)
course title;
(ii)
course fee;
(iii)
subject area; and
(iv)
if applicable, credits earned;
(b)
description of course organization, including:
(i)
modules, units, or chapters;
(ii)
frequency of assessments; and
(iii)
overall course length;
(c)
course pacing information, including:
(i)
recommended standard course pace progression;
(ii)
expected weeks of study per semester of content; and
(iii)
acknowledgment of a student's flexibility to adjust course pace;
(d)
course withdrawal policy;
(e)
final completion deadline for the course;
(f)
summary description of course subject matter content;
(g)
course prerequisites, if any;
(h)
required course materials, including:
(i)
technology requirements; and
(ii)
tangible materials needed for course completion;
(i)
alignment with any applicable:
(i)
industry standards;
(ii)
state board standards;
(iii)
National Collegiate Athletic Association requirements; or
(iv)
accreditation requirements;
(j)
method of course instruction and delivery;
(k)
description of instructional support, including:
(i)
frequency of instructor-initiated one-on-one progress checks;
(ii)
frequency of instructor-led tutoring;
(iii)
availability of small-group tutoring;
(iv)
frequency of synchronous one-on-one instructor-led checks for a student's
understanding; and
(v)
regular student interaction with educators;
(l)
student-to-teacher ratio;
(m)
for blended or hybrid format courses:
(i)
a description of in-person instruction components; and
(ii)
any waiver for online instructional support requirements when a student receives
real-time in-person instruction for a portion of the course; and
(n)
prohibiting credit recovery courses or packet-based courses.
(14)
The program manager shall ensure the review process described in Subsection
(13)
:
(a)
does not require an authorized online course provider to alter the provider's:
(i)
creed;
(ii)
practices;
(iii)
admissions policies;
(iv)
hiring practices; or
(v)
curricula, including any religious course or course content;
(b)
maintains an authorized online course provider's autonomy while accepting program
funds; and
(c)
provides for a regular renewal of:
(i)
a course approval; and
(ii)
an authorized online course provider's authorization based on criteria, including:
(A)
a course completion rate of at least 80%;
(B)
reviews of the courses provided by a parent or eligible student; and
(C)
if applicable, fidelity to the approval criteria described in Subsection
(11)
.
(15)
An authorized online course provider shall:
(a)
for each course offered, establish reasonable:
(i)
course lengths;
(ii)
standardized completion deadlines that are the same for all courses offered by the
provider;
(iii)
standardized withdrawal deadlines that are the same for all courses offered by the
provider; and
(iv)
course fees;
(b)
submit the information described in Subsections
(13)
and (15)(a) to the program
manager for approval;
(c)
ensure the information described in Subsections
(13)
and (15)(a) are correctly posted
with each course listing; and
(d)
report enrollment and withdrawal data to the program manager within five business
days.
(16)
Subject to legislative appropriation, the program manager shall manage program funds
to administer the program, including:
(a)
paying a course fee to an authorized online course provider as follows:
(i)
60% of the course fee paid upon an eligible student's enrollment; and
(ii)
40% of the course fee paid upon the eligible student's completion of the course;
(b)
if the student does not complete the course by the deadline the authorized online
course provider establishes as described in Subsection
(15)
, disqualifying an
authorized online course provider from receiving the 40% of the course fee as
described in Subsection
(16)(a)(ii)
;
(c)
processing payments to a provider within 30 days of relevant deadlines for
enrollment, withdrawal, or course completion; and
(d)
establishing a payment structure for payments made to a provider that ensures no
transaction fees are passed on to the provider.
(17)
Subject to legislative appropriation, the Legislature shall:
(a)
provide funds for the program that are separate from funding for public education
programs; and
(b)
adjust the appropriation based on anticipated enrollment increases in the program.
(18)
The program manager may use a percentage of the appropriation described in
Subsection
(17)
for administrative costs as follows:
(a)
up to 8% of the appropriation for administrative costs when the total annual
appropriation from the Legislature is $10,000,000 or less; and
(b)
up to 5% of the appropriation for administrative costs when the total annual
appropriation from the Legislature exceeds $10,000,000.
(19)
The program manager shall provide an annual report to the Education Interim
Committee regarding the performance of the program, including:
(a)
number of students served;
(b)
courses offered and completed;
(c)
student progress and completion rates; and
(d)
financial information and use of funds.
(20)
The program manager shall establish a comprehensive system for monitoring
providers, including:
(a)
regular performance reviews based on:
(i)
student completion rates;
(ii)
student academic progress metrics;
(iii)
instructor qualifications and performance;
(iv)
course content quality and alignment; and
(v)
technical system reliability;
(b)
annual compliance audits of:
(i)
financial records;
(ii)
student data privacy practices; and
(iii)
security protocols; and
(c)
regular provider site visits that occur at least once per academic year.
(21)
On or before July 1, 2025, and as frequently as necessary to maintain the information,
the state board shall provide information on the state board's website, including:
(a)
information on the program manager, including the program manager's contact
information; and
(b)
an overview of the program.
(22)
In the event of the expiration or termination of a program manager contract, or the
inability of a program manager to perform required duties:
(a)
the Department of Operations shall serve as a temporary bridge program
administrator solely during the time required to:
(i)
maintain essential program operations; and
(ii)
complete the procurement process for selecting a new program manager;
(b)
the Department of Operations shall immediately initiate and complete the
procurement process described in this section in an expedited manner;
(c)
the Department of Operations shall establish clear timelines and procedures for the
transition process between the previous program manager to the Department of
Operations to the new program manager; and
(d)
the Department of Operations shall provide proper notice to and coordinate with:
(i)
authorized online course providers;
(ii)
parents;
(iii)
the state board; and
(iv)
other affected parties.
Section 10. Section
63I-2-253
is amended to read:
63I-2-253
Effective
07/01/26
. Repeal dates: Titles 53 through 53G.
(1)
Title
53, Chapter 2c
, COVID-19 Health and Economic Response Act, is repealed July 1,
2026.
(2)
Section
53-22-104.1
, School Security Task Force -- Membership -- Duties -- Per diem --
Report -- Expiration, is repealed December 31, 2025.
(3)
Section
53-22-104.2
, The School Security Task Force -- Education Advisory Board, is
repealed December 31, 2025.
(4)
Section
53-25-103
, Airport dangerous weapon possession reporting requirements, is
repealed December 31, 2031.
(5)
Subsection
53-25-602(4)(b)
, regarding the rights of a peace officer placed onto a
prosecution agency's Brady identification system before May 7, 2025, is repealed
December 1, 2025.
(6)
Subsection
53-29-302(2)(b)(ii)
, regarding the requirement for the Department of
Corrections to submit the results of risk assessments for sex offenders to the State
Commission on Criminal and Juvenile Justice, is repealed January 1, 2030.
(7)
Subsection
53E-3-501(7)(e)(ii)
, regarding a report on the packet method, is repealed
July 1, 2028.
(8)
Subsection
53F-2-504(6)
, regarding a report on the Salary Supplement for Highly
Needed Educators, is repealed July 1, 2026.
(9)
Section
53F-4-518
, regarding small school student access to courses, is repealed July 1,
2027.
(9)
(10)
Section
53F-5-221
, Management of energy and water use pilot program, is
repealed July 1, 2028.
(10)
(11)
Section
53F-5-222
, Mentoring and Supporting Teacher Excellence and
Refinement Pilot Program, is repealed July 1, 2028.
(11)
(12)
Section
53F-5-223
, Stipends for Future Educators Grant Program, is repealed
July 1, 2028.
(13)
Title 53F, Chapter 5, Part 5, Personalized, Competency-based Learning Grants
Program, is repealed July 1, 2027.
(12)
(14)
Subsection
53G-11-502(1)
, regarding implementation of the educator evaluation
process, is repealed July 1, 2029.
(13)
(15)
Section
53G-11-506
, Establishment of educator evaluation program -- Joint
committee, is repealed July 1, 2029.
(14)
(16)
Section
53G-11-507
, Components of educator evaluation program, is repealed
July 1, 2029.
(15)
(17)
Section
53G-11-508
, Summative evaluation timelines -- Review of summative
evaluations, is repealed July 1, 2029.
(16)
(18)
Section
53G-11-509
, Mentor for provisional educator, is repealed July 1, 2029.
(17)
(19)
Section
53G-11-510
, State board to describe a framework for the evaluation of
educators, is repealed July 1, 2029.
(18)
(20)
Section
53G-11-511
, Rulemaking for privacy protection, is repealed July 1, 2029.
(19)
(21)
Subsection
53G-11-520(1)
, regarding optional alternative educator evaluation
processes, is repealed July 1, 2029.
(20)
(22)
Subsection
53G-11-520(2)
, regarding an exception from educator evaluation
process requirements, is repealed July 1, 2029.
Section 11. Section
63J-1-206
is amended to read:
63J-1-206
Effective
07/01/26
. Appropriations governed by chapter --
Restrictions on expenditures -- Transfer of funds -- Exclusion.
(1)
(a)
Except as provided in Subsections
(1)(b)
and
(2)(e)
, or where expressly exempted
in the appropriating act:
(i)
all money appropriated by the Legislature is appropriated upon the terms and
conditions set forth in this chapter; and
(ii)
any department, agency, or institution that accepts money appropriated by the
Legislature does so subject to the requirements of this chapter.
(b)
This section does not apply to:
(i)
the Legislature and
its
the Legislature's
committees; and
(ii)
the Investigation Account of the Water Resources Construction Fund, which is
governed by Section
73-10-8
.
(2)
(a)
Each item of appropriation is to be expended subject to any schedule of programs
and any restriction attached to the item of appropriation, as designated by the
Legislature.
(b)
Each schedule of programs or restriction attached to an appropriation item:
(i)
is a restriction or limitation upon the expenditure of the respective appropriation
made;
(ii)
does not itself appropriate any money; and
(iii)
is not itself an item of appropriation.
(c)
(i)
An appropriation or any surplus of any appropriation may not be diverted from
any department, agency, institution, division, or line item to any other department,
agency, institution, division, or line item.
(ii)
If the money appropriated to an agency to pay lease payments under the program
established in Section
63A-5b-703
exceeds the amount required for the agency's
lease payments to the Division of Facilities Construction and Management, the
agency may:
(A)
transfer money from the lease payments line item to other line items within
the agency; and
(B)
retain and use the excess money for other purposes.
(d)
The money appropriated subject to a schedule of programs or restriction may be used
only for the purposes authorized.
(e)
In order for a department, agency, or institution to transfer money appropriated to it
from one program to another program, the department, agency, or institution shall
revise its budget execution plan as provided in Section
63J-1-209
.
(f)
(i)
The procedures for transferring money between programs within a line item as
provided by Subsection
(2)(e)
do not apply to money appropriated to the State
Board of Education for the Minimum School Program or capital outlay programs
created in Title
53F, Chapter 3
, State Funding -- Capital Outlay Programs.
(ii)
The state superintendent may transfer money appropriated for the programs
specified in Subsection
(2)(f)(i)
only as provided by Section
53F-2-205
.
(3)
Notwithstanding Subsection
(2)(c)(i)
:
(a)
the state superintendent:
(i)
may transfer money appropriated for:
(A)
the Minimum School Program between line items in accordance with Section
53F-2-205
;
and
(B)
in fiscal years 2027 and 2028, State Board of Education line items to
reorganize the administrative office of the State Board of Education to support
the state board's strategic plan and increase efficiency of operations related to
educator licensing, Minimum School Program administration, policy,
communication, oversight, and system standards and accountability;
(B)
initial enrollment estimates for charter schools between line items in
accordance with Section
53F-2-707
; and
(ii)
shall provide the state board with information on the transfers described in
Subsection
(3)(a)(i)
within 60 days of a transfer; and
(iii)
shall report actions the state superintendent takes under Subsection
(3)(a)(i)(B)

to:
(A)
the Public Education Appropriations Subcommittee; and
(B)
the Executive Appropriations Committee;
(b)
the Utah Board of Higher Education may transfer reinvestment funds, as defined in
Section
53H-8-210
, to a degree-granting institution, in accordance with the process
described in Section
53H-8-210
; and
(c)
the Department of Government Operations may transfer money appropriated to
another department, agency, institution, or division for the purpose of paying the
costs of pay for performance under Section
63A-17-112
.
(4)
During fiscal years 2026 through 2029, the Utah Board of Higher Education may
transfer money from the Utah Board of Higher Education's line item for high-value
careers to the operating budgets of institutions of higher education, as defined in Section
53H-1-101
, in amounts that are no greater than the amount the Legislature approves.
Section 12.
Repealer.
Digital Teaching and Learning Grant Program.
Salary supplement for National Board-certified teachers.
Allocations for adjustment of initial enrollment estimates for charter
schools.
National Board certification reimbursement.
Section 13.
FY 2026 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
fiscal year 2026.
Subsection 13(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
PUBLIC EDUCATION
STATE BOARD OF EDUCATION - MINIMUM SCHOOL PROGRAM
ITEM 1
State Board of Education - Minimum School Program - Related to Basic
School Programs
From Public Education Economic Stabilization
Restricted Account, One-time
(11,125,000)
School-Based Education Support Professional
Bonus
(11,125,000)
STATE BOARD OF EDUCATION
ITEM 2
State Board of Education - Educator Licensing
The Legislature intends that the State Board of
Education use up to $50,000, appropriated in Senate Bill
2, Item 33 of the 2025 General Session for FY 2026, to
support the Utah National Board Certified Coalition for
travel to rural districts and other locations, recruitment
and mentorship activities, and stipends that assist Utah
teachers in obtaining National Board Certification, in
accordance with Utah Code Section 63G-6b-201.
ITEM 3
State Board of Education - Contracted Initiatives and Grants
From Income Tax Fund, One-time
(3,121,600)
Software Licenses for Early Literacy
(3,121,600)
ITEM 4
State Board of Education - Policy, Communication,
Oversight
From Income Tax Fund, One-time
150,400
From Federal Funds, One-time
57,579,600
Policy and Communication
150,400
Student Support Services
57,579,600
ITEM 5
State Board of Education - System Standards
Accountability
From Income Tax Fund, One-time
(5,844,900)
From Federal Funds, One-time
19,739,500
Student Achievement
(25,000)
Teaching and Learning
14,467,000
Assessment and Accountability
(1,024,000)
Career and Technical Education
539,600
Special Education
4,219,700
Early Literacy Outcomes Improvement
(4,282,700)
ITEM 6
State Board of Education - Utah Schools for the Deaf and the Blind
From Income Tax Fund, One-time
3,861,800
From Federal Funds, One-time
2,200
Support Services
10,057,800
Administration
(10,484,300)
Transportation and Support Services
(8,222,600)
Utah State Instructional Materials Access Center
892,200
School for the Deaf
7,700,300
School for the Blind
3,920,600
ITEM 7
State Board of Education - State Board and Administrative Operations
From Income Tax Fund, One-time
18,318,900
Financial Operations
18,318,900
ITEM 8
State Board of Education - Utah Fits All Scholarship Program
From Income Tax Fund, One-time
49,600
Student Scholarships and Administration
49,600
Subsection 13(b).
Restricted Fund and Account Transfers
The Legislature authorizes the State Division of Finance to transfer the following
amounts between the following funds or accounts as indicated. Expenditures and outlays from
the funds to which the money is transferred must be authorized by an appropriation.
PUBLIC EDUCATION
ITEM 9
Income Tax Fund Restricted - Utah Fits All Scholarship Program Restricted
Account
From Income Tax Fund, One-time
(49,600)
Utah Fits All Scholarship Program Restricted
Account
(49,600)
Section 14.
FY 2027 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
fiscal year 2027.
Subsection 14(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
PUBLIC EDUCATION
STATE BOARD OF EDUCATION - MINIMUM SCHOOL PROGRAM
ITEM 10
State Board of Education - Minimum School Program - Basic School Program
From Uniform School Fund
27,172,200
Necessarily Existent Small Schools (480 WPUs)
2,339,000
Career and Technical Education - Add-on
(-2,806 WPUs)
(13,666,700)
Students At-Risk Add-on (5,099 WPUs)
24,833,200
College and Career Counseling (2,806 WPUs)
13,666,700
ITEM 11
State Board of Education - Minimum School Program - Related to Basic
School Programs
From Uniform School Fund
(31,252,400)
From Uniform School Fund, One-time
(19,768,900)
From Public Education Economic Stabilization
Restricted Account, One-time
22,768,900
Pupil Transportation To
From School
(6,500,000)
Adult Education
(300,000)
Educator Salary Adjustments
(4,800,000)
Salary Supplement for Highly Needed Educators
(2,000,000)
Digital Teaching and Learning Program
(18,352,400)
Student Health and Counseling Support Program
(1,300,000)
Grow Your Own Teacher and Counselor Pipeline
5,000,000
STATE BOARD OF EDUCATION
ITEM 12
State Board of Education - Child Nutrition Programs
From Public Education Economic Stabilization
Restricted Account, One-time
2,516,900
Child Nutrition
2,516,900
ITEM 13
State Board of Education - Educator Licensing
From Income Tax Fund
(1,496,300)
From Public Education Economic Stabilization
Restricted Account, One-time
3,600,000
STEM Endorsement Incentives
2,400,000
National Board-Certified Teachers
(296,300)
ITEM 14
State Board of Education - Fine Arts Outreach
From Income Tax Fund
(54,000)
Subsidy Program
(54,000)
In accordance with Title 63G Chapter 6b, the
Legislature intends that the State Board of Education
provide direct award grants totaling $6,121,000 in fiscal
year 2027, as appropriated in House Bill 1, Item 37 of the
2026 General Session, to the following direct award
grant recipients for the Fine Arts Outreach - Professional
Outreach Programs in the Schools (POPS):
(1) $727,000 to Ballet West;
(2) $225,000 to the Nora Eccles Harrison
Museum of Art;
(3) $159,000 to Plan-B Theatre;
(4) $342,700 to Repertory Dance Theatre;
(5) $289,500 to Ririe-Woodbury Dance
Company;
(6) $359,900 to the Springville Museum of Art;
(7) $271,900 to Spy Hop;
(8) $458,100 to Tanner Dance;
(9) $387,800 to the Utah Festival Opera and
Musical Theatre;
(10) $233,900 to the Utah Film Center;
(11) $216,000 to the Utah Museum of
Contemporary Art;
(12) $209,900 to the Utah Museum of Fine Art;
(13) $449,000 to the Utah Opera;
(14) $447,600 to the Utah Shakespeare Festival;
and
(15) $1,343,000 to the Utah Symphony.
ITEM 15
State Board of Education - Contracted Initiatives and Grants
From General Fund
(2,500)
From Income Tax Fund
(2,138,900)
From Public Education Economic Stabilization
Restricted Account, One-time
7,400,000
From Revenue Transfers
12,500
Contracts and Grants
3,300,000
UPSTART
(45,100)
Supplemental Educational Improvement
Matching Grants
(2,700)
Competency-Based Education Grants
(2,081,100)
Utah Anti-Bullying Coalition
300,000
Student Credential Account
3,800,000
In accordance with Title 63G, Chapter 6b, the
Legislature intends that the State Board of Education
provide direct award grants totaling $1,500,000 in fiscal
year 2027 to the direct award grant recipient, Junior
Achievement, for the 3DE by Junior Achievement
program.
The Legislature intends that the Division of
Finance transfer any remaining closing nonlapsing
balances from Fiscal Year 2026 in the Contracted
Initiatives and Grants line item to the Fiscal Year 2027
beginning nonlapsing balances of the Statewide
Technology Contracts line item for the following
programs: Computer Science Initiative; Education
Technology Management System; IT Academy; School
Data Collection and Analysis; and Software Licenses for
Early Literacy.
In accordance with Title 63G, Chapter 6b, the
Legislature intends that the State Board of Education
provide direct award grants totaling $3,800,000 in fiscal
year 2027 to the direct award grant recipient, YouScience
LLC, for the Student Credential Account (SCA)
Statewide Usage program.
ITEM 16
State Board of Education - MSP Categorical Program Administration
From Income Tax Fund
(899,400)
From Revenue Transfers
57,700
Digital Teaching and Learning
(541,700)
Early Learning Training and Assessment
(300,000)
ITEM 17
State Board of Education - Science Outreach
From Income Tax Fund
(598,100)
Informal Science Education Enhancement
(598,100)
In accordance with Title 63G, Chapter 6b, the
Legislature intends that the State Board of Education
provide direct award grants totaling $5,666,900 in fiscal
year 2027, as appropriated in House Bill 1, Item 41 of the
2026 General Session, to the following direct award
grant recipients for the Science Outreach Informal
Education Enhancement (iSEE) program:
(1) $1,052,600 to the Clark Planetarium;
(2) $715,600 to Discovery Gateway;
(3) $119,600 to Hawkwatch International;
(4) $807,400 to Loveland Living Planet
Aquarium;
(5) $866,800 to the Natural History Museum of
Utah;
(6) $245,300 to the Ogden Nature Center;
(7) $355,800 to Red Butte Gardens;
(8) $897,200 to Thanksgiving Point;
(9) $381,600 to Utah's Hogle Zoo; and
(10) $225,000 to Utah State University
Extension.
ITEM 18
State Board of Education - Policy, Communication,
Oversight
From Income Tax Fund
(828,900)
From Federal Funds
57,579,600
Policy and Communication
100,100
Student Support Services
57,575,600
School Turnaround and Leadership Development
Act
(1,000,000)
Suicide Prevention
75,000
ITEM 19
State Board of Education - System Standards
Accountability
From Income Tax Fund
399,300
From Income Tax Fund, One-time
(1,035,000)
From Federal Funds
19,739,500
From Public Education Economic Stabilization
Restricted Account, One-time
35,000,000
Student Achievement
(25,000)
Teaching and Learning
14,739,000
Assessment and Accountability
(257,800)
Career and Technical Education
427,900
Special Education
4,219,700
CTE Catalyst Center
35,000,000
ITEM 20
State Board of Education - State Charter School Board
From Income Tax Fund, One-time
(200,000)
Statewide Charter School Training Programs
(200,000)
ITEM 21
State Board of Education - Utah Schools for the Deaf and the Blind
From Income Tax Fund
5,486,000
From Federal Funds
2,200
From Revenue Transfers
(4,935,000)
Support Services
9,973,400
Administration
(15,360,100)
Transportation and Support Services
(6,573,200)
Utah State Instructional Materials Access Center
892,200
School for the Deaf
7,700,300
School for the Blind
3,920,600
Pursuant to appropriations made in Item 45 of
House Bill 1, Public Education Budget Amendments
(2025 General Session), the Legislature intends that the
State Board of Education study the development of a
fee-for-service plan that recovers all costs for outreach
services the Utah Schools for the Deaf and the Blind
provides from a student's local education agency and
report to the Public Education Appropriations
Subcommittee by August 15, 2027.
Pursuant to appropriations made in Item 45 of
House Bill 1, Public Education Budget Amendments
(2025 General Session), the Legislature intends that the
State Board of Education review rules governing how
weighted pupil units are generated by students served
through Utah Schools for the Deaf and the Blind
extension classrooms, evaluate local education agency
data submissions to determine compliance, and study
how to remit Special Education Add-on weighted pupil
units to the USDB for impacted students and report to the
Public Education Appropriations Subcommittee by
August 15, 2027.
ITEM 22
State Board of Education - Statewide Online Education Program Subsidy
From Income Tax Fund
(2,339,000)
From Income Tax Fund, One-time
(328,700)
From Public Education Economic Stabilization
Restricted Account
2,339,000
Statewide Online Education Program
(328,700)
ITEM 23
State Board of Education - State Board and Administrative Operations
From Income Tax Fund
1,064,000
From Public Education Economic Stabilization
Restricted Account, One-time
1,000,000
From School and Institutional Trust Fund Management
Acct.
(167,100)
From Trust Distribution Account
167,100
Financial Operations
1,064,000
School Trust
167,100
Board and Administration
832,900
The Legislature intends that the State Board of
Education use up to $1,000,000 one-time appropriated
from the Public Education Economic Stabilization
Restricted Account in FY 2027 to study education
technology in the schools by conducting an inventory and
needs assessment of the various software programs
public schools use to support student learning, including
programs contracted at the state and local levels for use
in the public schools and intended use and outcomes of
the various products. The Legislature further intends that
the State Board of Education study the use of AI tools to
provide students, teachers, and parents with continuous,
real-time, identification of student educational outcomes
and needs through existing state data systems, identify
duplicative technologies and associated cost savings to
the state and local education agencies through
discontinuation, and report to the Public Education
Appropriations Subcommittee by October 15, 2028.
ITEM 24
State Board of Education - Utah Fits All Scholarship Program
From Income Tax Fund
49,600
Student Scholarships and Administration
49,600
ITEM 25
State Board of Education - Statewide Technology Contracts
From Income Tax Fund
(8,831,400)
From Income Tax Fund, One-time
(244,100)
From Public Education Economic Stabilization
Restricted Account, One-time
12,910,200
Computer Science Initiative
(244,100)
Education Technology Management System
1,900,000
Elementary Reading Assessment Software
(100,000)
School Data Collection
Analysis
3,600,000
Software Licenses for Early Literacy
(10,631,400)
One-time Technology Contracts
9,310,200
In accordance with Title 63G, Chapter 6b, the
Legislature intends that the State Board of Education
provide direct award grants totaling $1,400,000 in fiscal
year 2027 to the direct award grant recipient, Scrible, for
the Research, Writing, and Responsible AI Solution
program.
Subsection 14(b).
Restricted Fund and Account Transfers
The Legislature authorizes the State Division of Finance to transfer the following
amounts between the following funds or accounts as indicated. Expenditures and outlays from
the funds to which the money is transferred must be authorized by an appropriation.
PUBLIC EDUCATION
ITEM 26
Income Tax Fund Restricted - Public Education Economic Stabilization
Restricted Account
From Uniform School Fund
(42,833,600)
Public Education Economic Stabilization
Restricted Account
(42,833,600)
ITEM 27
Income Tax Fund Restricted - Utah Fits All Scholarship Program Restricted
Account
From Income Tax Fund
(49,600)
Utah Fits All Scholarship Program Restricted
Account
(49,600)
Subsection 14(c).
Fiduciary Funds
The Legislature has reviewed proposed revenues, expenditures, fund balances, and
changes in fund balances for the following fiduciary funds.
PUBLIC EDUCATION
SCHOOL AND INSTITUTIONAL TRUST FUND OFFICE
ITEM 28
School and Institutional Trust Fund Office - School for the Blind Trust
From Public Education Economic Stabilization
Restricted Account, One-time
4,800,000
Permanent Fund - School for the Blind Trust
4,800,000
Section 15.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect July 1, 2026.
(2)
The actions affecting Section 13, FY 2026 Appropriations (Effective upon final
passage) take effect:
(a)
except as provided in Subsection (2)(b), May 6, 2026; or
(b)
if approved by two-thirds of all members elected to each house:
(i)
upon approval by the governor;
(ii)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(iii)
in the case of a veto, the date of veto override.
3-12-26 3:30 PM