HB 463

02-02 12:53  H.B. 463
1Special Education Funding Modifications
                                       2026 GENERAL SESSION
                                             STATE OF UTAH
                                    Chief Sponsor: Tracy J. Miller
                                               Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill reorganizes and clarifies statutory provisions governing special education
6   programs.
7   Highlighted Provisions:
8This bill:
9▸ defines terms;
10▸ reorganizes the Special Education Self-Contained Program into a separate section;
11▸ reorganizes the Special Education Self-Contained Support Add-on Program into a
12   separate section;
13▸ reorganizes the Special Education Preschool Program into a separate section;
14▸ reorganizes the Extended School Year for Students With Disabilities Program into a
15   separate section;
16▸ reorganizes the special education program implementation impact aid into a separate
17   section;
18▸ requires the State Board of Education to subgrant to local education agencies to provide
19   special education services to students in state care;
20▸ requires the State Board of Education to create accounting procedures;
21▸ authorizes local education agencies to use a portion of certain funds for general education
22   costs; and
23▸ makes technical changes.
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24   Money Appropriated in this Bill:
25None
26   Other Special Clauses:
27This bill provides a special effective date.
28   Utah Code Sections Affected:
29   AMENDS:
3053F-2-310, as last amended by Laws of Utah 2019, Chapter 186
H.B. 463  02-02 12:53
31  ENACTS:
32      53F-2-301.1, Utah Code Annotated 1953
33      53F-2-317, Utah Code Annotated 1953
34      53F-2-318, Utah Code Annotated 1953
35      53F-2-319, Utah Code Annotated 1953
36      53F-2-320, Utah Code Annotated 1953
37      53F-2-321, Utah Code Annotated 1953
38  REPEALS:
39      53F-2-308, as last amended by Laws of Utah 2019, Chapter 186
40
41  Be it enacted by the Legislature of the state of Utah:
42Section 1. Section 53F-2-301.1 is enacted to read:
4353F-2-301.1 . Definitions.
44     As used in this part:
45  (1) "Services eligible for the self-contained WPU" means specialized instruction of 180
46      minutes or more per day provided to a student with a disability in accordance with the
47      student's IEP.
48  (2) "Specialized instruction" means specially designed instruction and related services as
49      defined by the state board in accordance with Title 63G, Chapter 3, Utah Administrative
50      Rulemaking Act.
51Section 2. Section 53F-2-310 is amended to read:
5253F-2-310 . Stipends for special educators for additional days of work.
53  (1) As used in this section:
54      (a) "Special education teacher" means a teacher whose primary assignment is the
55instruction of students with disabilities who are eligible for special education services.
56      (b) "Special educator" means a person employed by a school district, charter school, or
57the Utah Schools for the Deaf and the Blind who holds:
58(i) a license issued by the state board; and
59(ii) a position as a:
60(A) special education teacher;
61(B) speech-language pathologist; or
62(C) teacher of the deaf or hard of hearing[;] .
63  (2) The Legislature shall annually appropriate money for stipends to special educators for
64      additional days of work:
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65(a) in recognition of the added duties and responsibilities assumed by special educators
66to comply with federal law regulating the education of students with disabilities and
67the need to attract and retain qualified special educators; and
68(b) subject to future budget constraints.
69   (3)(a) The state board shall compute the number of weighted pupil units for stipends for
70special educators by dividing the total appropriation by the weighted pupil unit value.
71[(a)] (b) The state board shall distribute money appropriated under this section to school
72districts, charter schools, and the Utah Schools for the Deaf and the Blind for
73stipends for special educators in the amount of $200 per day for up to 10 additional
74working days.
75[(b)] (c) Money distributed under this section shall include, in addition to the $200 per
76day stipend, money for the following employer-paid benefits:
77(i) retirement;
78(ii) workers' compensation;
79(iii) Social Security; and
80(iv) Medicare.
81   (4) A special educator receiving a stipend shall:
82(a) work an additional day beyond the number of days contracted with the special
83educator's school district or school for each daily stipend;
84(b) schedule the additional days of work before or after the school year; and
85(c) use the additional days of work to perform duties related to the IEP process,
86including:
87(i) administering student assessments;
88(ii) conducting IEP meetings;
89(iii) writing IEPs;
90(iv) conferring with parents; and
91(v) maintaining records and preparing reports.
92   (5) A special educator may:
93(a) elect to receive a stipend for one to 10 days of additional work; or
94(b) elect to not receive a stipend.
95   (6) A person who does not hold a full-time position as a special educator is eligible for a
96partial stipend equal to the percentage of a full-time special educator position the person
97assumes.
98Section 3. Section 53F-2-317 is enacted to read:
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9953F-2-317 . Special Education Self-Contained Program.
100  (1) Subject to appropriation by the Legislature, the state board shall distribute money
101      appropriated for the Special Education Self-Contained Program to an LEA to provide
102      special education services to students with disabilities receiving services eligible for the
103      self-contained WPU.
104  (2)(a) The state board shall compute the number of weighted pupil units for the Special
105      Education Self-Contained Program by determining the number of students with
106      disabilities receiving services eligible for the self-contained WPU enrolled in each
107      LEA based on average daily membership from two years before the current fiscal
108      year.
109      (b) Students with disabilities receiving services eligible for the self-contained WPU are
110not included in the calculation of weighted pupil units under Section 53F-2-302.
111  (3) An LEA shall use money distributed under this section only for special education
112      purposes and may not use the money to supplement other school programs.
113  (4) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
114      Administrative Rulemaking Act, to establish procedures for an LEA to:
115      (a) identify and report students with disabilities receiving services eligible for the
116self-contained WPU; and
117      (b) account for expenditures under this section.
118Section 4. Section 53F-2-318 is enacted to read:
11953F-2-318 . Special Education Self-Contained Support Add-on Program.
120  (1) Subject to appropriation by the Legislature, the state board shall distribute money
121      appropriated for the Special Education Self-Contained Support Add-on Program to an
122      LEA to provide additional resources for students with significant disabilities.
123  (2)(a) The state board shall compute the number of weighted pupil units for the Special
124      Education Self-Contained Support Add-on Program by:
125(i) determining the number of students with disabilities receiving services eligible for
126the self-contained WPU enrolled in each LEA; and
127(ii) multiplying the number determined under Subsection (2)(a)(i) by 1.0 weighted
128pupil unit.
129      (b) A student with a disability receiving services eligible for the self-contained WPU
130qualifies for the add-on weighted pupil unit described in this section in addition to:
131(i) the weighted pupil unit described in Section 53F-2-317; and
132(ii) the special education add-on weighted pupil unit described in Section 53F-2-307.
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133   (3)(a) An LEA shall account for expenditures under this section as part of the LEA's
134special education program.
135(b) An LEA may use up to 25% of the money distributed to the LEA under this section
136to support general education costs.
137   (4) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
138Administrative Rulemaking Act, to establish procedures for an LEA to:
139(a) identify and report students with disabilities receiving services eligible for the
140self-contained WPU; and
141(b) account for expenditures under this section.
142Section 5. Section 53F-2-319 is enacted to read:
14353F-2-319 . Special Education Preschool Program.
144   (1) As used in this section, "preschool student with a disability" means a student who:
145(a) is age three, four, or five years old;
146(b) is not enrolled in kindergarten; and
147(c) has an individualized education program.
148   (2)(a) Subject to appropriation by the Legislature, the state board shall distribute money
149appropriated for the Special Education Preschool Program to an LEA to provide a
150free appropriate public education to preschool students with a disability, as required
151by the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
152(b) The state board shall distribute money under this section on the basis of an LEA's
153count of preschool students with a disability on December 1 of the previous year.
154   (3)(a) The state board shall compute the number of weighted pupil units for the Special
155Education Preschool Program by:
156(i) counting the number of preschool students with a disability enrolled in each LEA
157on December 1 of the previous year; and
158(ii) multiplying the number determined under Subsection (3)(a)(i) by:
159(A) 1.47; and
160(B) the weighted pupil unit value for the current fiscal year.
161(b) The state board shall limit the growth in the total number of preschool students with
162a disability statewide to 8% over the prior year's December 1 count.
163(c) If the total number of preschool students with a disability statewide exceeds the 8%
164growth limit described in Subsection (3)(b), the state board shall distribute money to
165each LEA based on the LEA's proportion of the total statewide enrollment of
166preschool students with a disability.
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167      (d) If the total WPU allocated for the state is different from the allocation amount, the
168difference is prorated across all districts.
169  (4) The state board shall:
170      (a) develop guidelines to implement the funding formula described in this section; and
171      (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
172Rulemaking Act, to administer the Special Education Preschool Program.
173Section 6. Section 53F-2-320 is enacted to read:
17453F-2-320 . Extended School Year for Students With Disabilities Program.
175  (1) As used in this section, "extended school year services" means special education and
176      related services that:
177      (a) are provided to a student with a disability beyond the normal school year;
178      (b) are in accordance with the student's individualized education program; and
179      (c) are provided at no cost to the parents of the student.
180  (2) Subject to appropriation by the Legislature, the state board shall distribute money
181      appropriated for the Extended School Year for Students With Disabilities Program to an
182      LEA to provide extended school year services to students with disabilities.
183  (3)(a) The state board shall compute the number of weighted pupil units for the
184      Extended School Year for Students With Disabilities Program by:
185(i) determining each LEA's base funding amount as established by the state board;
186(ii) calculating remaining funds after distributing base funding amounts under
187Subsection (3)(a); and
188(iii) distributing remaining funds to an LEA based on each LEA's percentage
189enrollment of students with disabilities for an LEA that reports to the state board
190that the LEA has provided Extended School Year services in the prior school year.
191      (b) If the total WPU for the state is different from the allocation amount determined by
192the formula described in this section, the state board shall distribute the difference in
193a prorated amount across all LEAs.
194  (4) An LEA shall use money distributed under this section only for students with
195      disabilities whose individualized education program teams have determined that the
196      students require extended school year services necessary to provide a free appropriate
197      public education in accordance with federal law.
198  (5) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
199      Administrative Rulemaking Act, to:
200      (a) establish criteria for determining which students with disabilities qualify for services
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201described in this section;
202(b) establish procedures for an LEA to:
203(i) identify and report students receiving extended school year services; and
204(ii) account for expenditures under this section; and
205(c) determine base funding amounts for an LEA under Subsection (3)(a).
206Section 7. Section 53F-2-321 is enacted to read:
20753F-2-321 . Special education program implementation impact aid.
208   (1) Subject to appropriation by the Legislature, the state board shall distribute money
209appropriated for special education program implementation impact aid to provide special
210education services to students in state care, as the state board defines, and to support
211special education administrative functions for LEAs that qualify under criteria the state
212board establishes.
213   (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
214state board shall make rules to establish criteria and procedures for distributing money
215under this section.
216Section 8. Repealer.
217This bill repeals:
218Section 53F-2-308, Preschool special education appropriation -- Extended year program
219   appropriation -- Appropriation for special education programs in state institutions --
220   Appropriations for stipends for special educators.
221Section 9. Effective Date.
222   This bill takes effect on July 1, 2026.
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