§ 53A-17a-109. Necessarily existent small schools -- Computing additional weighted pupil units -- Consolidation of small schools.

(1) As used in this section:

(a) "Board" means the State Board of Education.

(b) "Necessarily existent small schools funding balance" means the difference between:

(i) the amount appropriated for the necessarily existent small schools program in a fiscal year; and

(ii) the amount distributed to school districts for the necessarily existent small schools program in the same fiscal year.

(2)

(a) Upon application by a school district, the board shall, in consultation with the local school board, classify schools in the district as necessarily existent small schools, in accordance with this section and board rules adopted under this section.

(b) An application must be submitted to the board before April 2, and the board must report a decision to a school district before June 2.

(3) The board shall adopt standards and make rules to:

(a) govern the approval of necessarily existent small schools consistent with principles of efficiency and economy and which shall serve the purpose of eliminating schools where consolidation is feasible by participation in special school units; and

(b) ensure that districts are not building secondary schools in close proximity to one another where economy and efficiency would be better served by one school meeting the needs of secondary students in a designated geographical area.

(4) A one or two-year secondary school that has received necessarily existent small school money under this section prior to July 1, 2000, may continue to receive such money in subsequent years under board rule.

(5) The board shall prepare and publish objective standards and guidelines for determining which small schools are necessarily existent after consultation with local school boards.

(6)

(a) Additional weighted pupil units for schools classified as necessarily existent small schools shall be computed using regression formulas adopted by the board.

(b) The regression formulas establish the following maximum sizes for funding under the necessarily existent small school program:

(i) an elementary school                    160

(ii) a one or two-year secondary school          300

(iii) a three-year secondary school               450

(iv) a four-year secondary school               500

(v) a six-year secondary school                    600

(c) Schools with fewer than 10 students shall receive the same add-on weighted pupil units as schools with 10 students.

(d) The board shall prepare and distribute an allocation table based on the regression formula to each school district.

(7)

(a) To avoid penalizing a district financially for consolidating its small schools, additional weighted pupil units may be allowed a district each year, not to exceed two years.

(b) The additional weighted pupil units may not exceed the difference between what the district receives for a consolidated school and what it would have received for the small schools had they not been consolidated.

(8)

(a) Subject to Subsection (8)(b), the board may distribute a portion of necessarily existent small schools funding in accordance with a formula adopted by the board that considers the tax effort of a local school board.

(b) The amount distributed in accordance with Subsection (8)(a) may not exceed the necessarily existent small schools fund in balance of the prior fiscal year.

(9) A district may use the money allocated under this section for maintenance and operation of school programs or for other school purposes as approved by the board.

Amended by Chapter 106, 2013 General Session