SB 2

     Enrolled Copy  S.B. 2
1Public Education Budget Amendments
                                      2026 GENERAL SESSION
                                          STATE OF UTAH
                                   Chief Sponsor: Heidi Balderree
                                   House Sponsor: Stephen L. Whyte
2
3  LONG TITLE
4  General Description:
5      This bill supplements or reduces appropriations otherwise provided for the support and
6  operation of public education for the fiscal year beginning July 1, 2025, and ending June 30,
7  2026, and appropriates funds for the support and operation of public education for the fiscal
8  year beginning July 1, 2026, and ending June 30, 2027.
9  Highlighted Provisions:
10      This bill:
11      ▸ defines terms;
12      ▸ repeals the Digital Teaching and Learning Grant Program and an associated reporting
13  requirement;
14      ▸ creates reporting requirements regarding:
15●   the state superintendent transferring money appropriated to the Minimum School
16  Program; and
17●   student personnel and data standards for the Utah Schools for the Deaf and the Blind;
18      ▸ requires the State Board of Education (state board) to establish certain student and
19  personnel data standards for the Utah Schools for the Deaf and the Blind;
20      ▸ enacts provisions related to:
21●   weighted pupil units for college and career counseling;
22●   the calculation of educator salary adjustments;
23●   the state board's distribution of public education mental health screening funds; and
24●   a scholarship student's use of funds under the Utah Private Course Choice
25  Empowerment Program;
26      ▸ creates a repeal date for:
27●   the Personalized, Competency-based Learning Grants Program; and
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28●   small school student access to online courses;
29▸ allows the state superintendent to transfer certain money related to state board line items;
30▸ provides appropriations for the use and support of school districts, charter schools, and
31   state education agencies;
32▸ creates a new College and Career Counseling program by transferring funding and
33   weighted pupil units from the Career & Technical Education - Add-on program;
34▸ increases weighted pupil units for the Students At-Risk WPU Add-on program;
35▸ provides appropriations for other purposes as described;
36▸ makes technical and conforming changes; and
37▸ provides intent language.
38   Money Appropriated in this Bill:
39This bill appropriates $79,610,500 in operating and capital budgets for fiscal year 2026,
40   including:
41▸   $13,414,200 from Income Tax Fund; and
42▸   $66,196,300 from various sources as detailed in this bill.
43This bill appropriates ($49,600) in restricted fund and account transfers for fiscal year 2026, all
44   of which is from the Income Tax Fund.
45This bill appropriates $124,145,000 in operating and capital budgets for fiscal year 2027,
46   including:
47▸   ($2,500) from General Fund; and
48▸   ($11,994,900) from Income Tax Fund; and
49▸   ($23,849,100) from Uniform School Fund; and
50▸   $159,991,500 from various sources as detailed in this bill.
51This bill appropriates ($42,883,200) in restricted fund and account transfers for fiscal year
52   2027, including:
53▸   ($49,600) from Income Tax Fund; and
54▸   ($42,833,600) from Uniform School Fund.
55This bill appropriates $4,800,000 in fiduciary funds for fiscal year 2027, all of which is from
56   the various sources as detailed in this bill.
57   Other Special Clauses:
58This bill provides a special effective date.
59   Uncodified Material Affected:
60ENACTS UNCODIFIED MATERIAL
61   Utah Code Sections Affected:
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62  AMENDS:
63      53E-1-201 (Effective 07/01/26) (Partially Repealed 07/01/27), as last amended by Laws
64      of Utah 2025, First Special Session, Chapter 9
65      53E-1-202 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapter 7
66      53E-3-1004 (Effective 07/01/26), as enacted by Laws of Utah 2022, Chapter 285
67      53F-2-311 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 165
68      53F-2-405 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 165
69      53F-2-522 (Effective 07/01/26), as last amended by Laws of Utah 2024, Chapters 73, 245
70      53F-6-501 (Effective 07/01/26), as enacted by Laws of Utah 2025, Chapter 541
71      63I-2-253 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
72      Session, Chapter 9
73      63J-1-206 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
74      Session, Chapter 9
75  ENACTS:
76      53E-8-207 (Effective 07/01/26), Utah Code Annotated 1953
77      53F-2-317 (Effective 07/01/26), Utah Code Annotated 1953
78  REPEALS:
79      53F-2-510 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
80      Session, Chapter 9
81      53F-2-523 (Effective 07/01/26), as enacted by Laws of Utah 2020, Sixth Special Session,
82      Chapter 9
83      53F-2-707 (Effective 07/01/26), as enacted by Laws of Utah 2025, Chapter 287
84      53F-5-202 (Effective 07/01/26), as last amended by Laws of Utah 2020, Chapters 354,
85      408
86
87  Be it enacted by the Legislature of the state of Utah:
88Section 1. Section 53E-1-201 is amended to read:
8953E-1-201 (Effective 07/01/26) (Partially Repealed 07/01/27). Reports to and
90  action required of the Education Interim Committee.
91  (1) In accordance with applicable provisions and Section 68-3-14, the following recurring
92      reports are due to the Education Interim Committee:
93      (a) the report described in Section 9-22-109 by the STEM Action Center Board,
94including the information described in Section 9-22-113 on the status of the computer
95science initiative and Section 9-22-114 on the Computing Partnerships Grants
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96Program;
97(b) the prioritized list of data research described in Section 53H-15-303 and the report
98on research and activities described in Section 53H-15-305 by the Utah Data
99Research Center;
100(c) the report described in Section 53H-1-203 by the Utah Board of Higher Education on
101career and technical education issues and addressing workforce needs;
102(d) the annual report of the Utah Board of Higher Education described in Section
10353H-1-203;
104(e) the reports described in Section 53H-7-603 by the Utah Board of Higher Education
105regarding activities related to campus safety;
106(f) the State Superintendent's Annual Report by the state board described in Section
10753E-1-203;
108(g) the annual report described in Section 53E-2-202 by the state board on the strategic
109plan to improve student outcomes;
110(h) the report described in Section 53E-3-501 by the state board on students in an LEA
111who receive academic credit through the packet method;
112(i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
113the Deaf and the Blind;
114(j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
115Actionable, and Dynamic Education director on research and other activities;
116(k) the report described in Section 53F-2-522 regarding mental health screening
117programs;
118(l) the report described in Section 53F-4-203 by the state board and the independent
119evaluator on an evaluation of early interactive reading software;
120(m) the report described in Section 53F-6-412 by the program manager of the Utah Fits
121All Scholarship Program;
122(n) the report described in Section 63N-20-107 by the Governor's Office of Economic
123Opportunity on UPSTART;
124(o) the report described in Section 53F-5-215 by the state board related to a grant for an
125elementary teacher preparation assessment;
126(p) upon request, the report described in Section 53F-5-219 by the state board on the
127Local Innovations Civics Education Pilot Program;
128(q) the report described in Section 53F-5-405 by the state board regarding an evaluation
129of a partnership that receives a grant to improve educational outcomes for students
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130who are low-income;
131      (r) the report described in Section 53H-1-604 regarding the Higher Education and
132Corrections Council;
133      (s) the report described in Section 53G-7-221 by the state board regarding innovation
134plans; and
135      (t) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
136Program.
137  (2) In accordance with applicable provisions and Section 68-3-14, the following occasional
138      reports are due to the Education Interim Committee:
139      (a) in 2027, 2030, 2033, and 2035, the reports described in Sections 53H-1-502,
14053H-1-503, and 53H-1-504;
141      (b) in 2025, the report described in Section 53H-6-203 by a degree-granting institution
142regarding policies on abusive coaching practices;
143      (c) if required, the report described in Section 53E-4-309 by the state board explaining
144the reasons for changing the grade level specification for the administration of
145specific assessments;
146      (d) if required, the report described in Section 53E-5-210 by the state board of an
147adjustment to the minimum level that demonstrates proficiency for each statewide
148assessment;
149      (e) the report described in Section 53E-10-702 by Utah Leading through Effective,
150Actionable, and Dynamic Education;
151      (f) if required, the report described in Section 53F-2-513 by the state board evaluating
152the effects of salary bonuses on the recruitment and retention of effective teachers in
153high-poverty schools;
154      (g) upon request, the report described in Section 53F-10-303 by the state board
155regarding the Rural School Sports Facilities Grant Program;
156      (h) upon request, a report described in Section 53G-7-222 by an LEA regarding
157expenditure of a percentage of state restricted funds to support an innovative
158education program;
159      (i) the reports described in Section 53G-11-304 by the state board regarding proposed
160rules and results related to educator exit surveys; and
161      (j) the report described in Section 26B-5-113 by the Office of Substance Use and Mental
162Health, the state board, and the Department of Health and Human Services regarding
163recommendations related to Medicaid reimbursement for school-based health
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164services.
165   (3) In accordance with applicable provisions and Section 68-3-14, every five years the
166Education Interim Committee shall review the programs described in the following
167sections of code:
168(a) beginning July 1, 2027, Title 53E, Chapter 10, Part 3, Concurrent Enrollment;
169(b) beginning July 1, 2027, Section 53F-2-408, Enhancement for Accelerated Students
170Program;
171(c) beginning July 1, 2027, Section 53F-2-409, Concurrent enrollment funding;
172(d) beginning July 1, 2027, Section 53F-2-415, Student health and counseling support --
173Qualifying personnel -- Distribution formula -- Rulemaking;
174(e) beginning July 1, 2028, Section 53F-2-416, Appropriation and distribution for the
175Teacher and Student Success Program;
176[(f) beginning July 1, 2028, Section 53F-2-510, Digital Teaching and Learning Grant
177Program;]
178[(g)] (f) beginning July 1, 2028, Section 53F-9-306, Teacher and Student Success
179Account;
180[(h)] (g) beginning July 1, 2028, Title 53G, Chapter 7, Part 13, Teacher and Student
181Success Program; and
182[(i)] (h) beginning July 1, 2029, Section 53F-2-502, Dual language immersion.
183Section 2. Section 53E-1-202 is amended to read:
18453E-1-202 (Effective 07/01/26). Reports to and action required of the Public
185   Education Appropriations Subcommittee.
186   (1) In accordance with applicable provisions and Section 68-3-14, the following recurring
187reports are due to the Public Education Appropriations Subcommittee:
188(a) the State Superintendent's Annual Report by the state board described in Section
18953E-1-203;
190(b) the state superintendent's required report described in Subsection 63J-1-206(3)(b)
191related to transferring money appropriated to the Minimum School Program for fiscal
192years 2027 and 2028;
193(c) the report described in Section 53E-8-204 by the state board regarding student
194personnel and data standards for the Utah Schools for the Deaf and the Blind;
195[(b)] (d) the report described in Section 53E-10-703 by the Utah Leading through
196Effective, Actionable, and Dynamic Education director on research and other
197activities; and
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198      [(c)] (e) the report by the STEM Action Center Board described in Section 9-22-109,
199including the information described in Section 9-22-113 on the status of the computer
200science initiative.
201  (2) In accordance with applicable provisions, the Public Education Appropriations
202      Subcommittee shall complete,[ ] if required, the study described in Section 53F-4-304 of
203      scholarship payments.
204Section 3. Section 53E-3-1004 is amended to read:
20553E-3-1004 (Effective 07/01/26). Community engagement for early literacy.
206  (1) As used in this section, "Title I school" means a school that receives funds under Title I
207      of the Elementary and Secondary Education Act of 1965, 20 U.S.C. Sec. 6301 et seq.
208  [(1)] (2) The state board shall:
209      (a) partner with a private business or nonprofit organization to annually provide
210personal, home-use, age-appropriate printed books or digital books with
211accompanying electronic reading devices to students:
212(i) who attend:
213(A) a school that participates in partnerships that receive grants under Title 53F,
214Chapter 5, Part 4, Partnerships for Student Success Grant Program; or
215(B) a Title I school[, as that term is defined in Section 53F-2-523]; and
216(ii) at a minimum, in kindergarten through grade 3; and
217      (b) provide students a choice of language where possible.
218  [(2)] (3) The state board shall develop and promote a website that provides resources for
219      teachers and other educational support personnel to support targeted activities and
220      strategies for parents to support at-home reading.
221  [(3)] (4) The state board shall contract with one or more organizations that have expertise in
222      coordinating community resources to:
223      (a) provide training and coaching to community, school, and parent engagement
224coordinators; and
225      (b) for a school that is not participating in a partnership that receives a grant under Title
22653F, Chapter 5, Part 4, Partnerships for Student Success Grant Program:
227(i) assess the presence of existing community school infrastructure; and
228(ii) provide necessary supports for parent, community, and business engagement,
229including services and coordination support.
230Section 4. Section 53E-8-207 is enacted to read:
23153E-8-207 (Effective 07/01/26). Student count -- Data -- Reporting.
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232   (1) The state board shall establish student and personnel data standards for the Utah
233Schools for the Deaf and the Blind that:
234(a) provide for comparability of data with similar data elements in the public education
235system; and
236(b) support accurate and timely reporting.
237   (2) In establishing the data standards described in Subsection (1), the state board shall:
238(a) adopt a centralized data management system for the Utah Schools for the Deaf and
239the Blind with appropriate system controls and automated data management
240strategies where practicable;
241(b) coordinate with the Utah Schools for the Deaf and the Blind to reconcile data
242sources; and
243(c) require the Utah Schools for the Deaf and the Blind to identify benchmarks and
244report relevant comparisons of assessment data in the annual report described in
245Subsection 53E-8-204(5).
246   (3) On or before August 15, 2026, the state board shall report to the Public Education
247Appropriations Subcommittee on the implementation of Subsection (1).
248Section 5. Section 53F-2-311 is amended to read:
24953F-2-311 (Effective 07/01/26). Weighted pupil units for career and technical
250   education programs -- Funding of approved programs -- Performance measures --
251   Qualifying criteria.
252   (1)(a) Money appropriated to the state board for approved career and technical education
253programs[ and the comprehensive guidance program]:
254(i) shall be allocated to eligible recipients as provided in Subsections (2), (3), and (4);
255and
256(ii) may not be used to fund programs below grade 9.
257(b) Subsection (1)(a)(ii) does not apply to the [following programs:] work-based learning
258programs.
259[(i) comprehensive guidance; and]
260[(ii) work-based learning programs.]
261   (2)(a) Weighted pupil units are computed for pupils in approved programs.
262(b)(i) The state board shall fund approved programs based upon hours of membership
263of grades 9 through 12 students.
264(ii) Subsection (2)(b)(i) does not apply to the [following programs:]
265[(A) comprehensive guidance; and]
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266[(B) work-based learning programs.] work-based learning programs.
267      (c) The state board shall use an amount not to exceed 20% of the total appropriation
268under this section to fund approved programs based on performance measures such
269as placement and competency attainment defined in standards set by the state board.
270      (d) The state board shall make the necessary calculations for distribution of the
271appropriation to a school district and charter school and may revise and recommend
272changes necessary for achieving equity and ease of administration.
273  (3)(a) Twenty weighted pupil units shall be computed for career and technical education
274      administrative costs for each school district, except 25 weighted pupil units may be
275      computed for each school district that consolidates career and technical education
276      administrative services with one or more other school districts.
277      (b) Between 10 and 25 weighted pupil units shall be computed for each high school
278conducting approved career and technical education programs in a school district
279according to standards established by the state board.
280      (c) Forty weighted pupil units shall be computed for each school district that operates an
281approved career and technical education center.
282      (d) Between five and seven weighted pupil units shall be computed for each summer
283career and technical education agriculture program according to standards established
284by the state board.
285      (e) The state board shall, by rule, establish qualifying criteria for a school district or
286charter school to receive weighted pupil units under this Subsection (3).
287  (4)(a) Money remaining after the allocations made under Subsections (2) and (3) shall
288      be allocated using average daily membership in approved programs for the previous
289      year.
290      (b) A school district or charter school that has experienced student growth in grades 9
291through 12 for the previous year shall have the growth factor applied to the previous
292year's weighted pupil units when calculating the allocation of money under this
293Subsection (4).
294      (c) An LEA may use funds received through the general allocation described in this
295Subsection (4) for Technology-Life-Careers and student leadership organizations.
296  (5)(a) The state board shall establish rules for upgrading high school career and
297      technical education programs.
298      (b) The rules shall reflect career and technical training and actual marketable job skills
299in society.
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300(c) The rules shall include procedures to assist school districts and charter schools to
301convert existing programs that are not preparing students for the job market into
302programs that will accomplish that purpose.
303   (6) Programs that do not meet state board standards may not be funded under this section.
304Section 6. Section 53F-2-317 is enacted to read:
30553F-2-317 (Effective 07/01/26). Weighted pupil units for college and career
306   counseling.
307   (1)(a) Subject to legislative appropriations, the state board shall distribute WPUs to a
308qualifying LEA in accordance with this section.
309(b) An LEA that meets the requirements of Subsection (3) may receive a distribution of
310WPUs as follows:
311(i) a base number of WPUs for the first 400 students enrolled in the LEA, as the state
312board determines; and
313(ii) a per-student WPU allocation, as the state board determines, for each additional
314student enrolled in the LEA beyond 400 students, up to 1,200 students.
315   (2) The state board shall:
316(a) use the October 1 enrollment count from the previous fiscal year to determine the
317number of students for purposes of calculating a distribution under this section;
318(b) annually adjust the number of WPUs the state board distributes under this section in
319proportion to the percentage increase or decrease in total statewide student
320enrollment; and
321(c) increase or decrease the total WPUs available under this section each fiscal year
322based on the percentage increase or decrease in total statewide enrollment that the
323state board determines using October 1 enrollment data from the previous fiscal year.
324   (3) To qualify for a distribution under this section, an LEA shall:
325(a) have a plan for college and career readiness consistent with Section 53F-2-311;
326(b) have an approved student success framework described in Section 53G-7-1304;
327(c) maintain a school counselor-to-student ratio the state board determines; and
328(d) meet any additional requirements the state board establishes in rule.
329   (4) An LEA that receives a WPU under this section shall use the funds to support college
330and career counseling and readiness services.
331   (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
332state board shall make rules to:
333(a) determine the base number of WPUs and per-student WPU allocation described in
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334Subsection (1);
335      (b) establish procedures for calculating and distributing WPUs under this section; and
336      (c) define additional qualifying criteria consistent with this section.
337Section 7. Section 53F-2-405 is amended to read:
33853F-2-405 (Effective 07/01/26). Educator salary adjustments.
339  (1) As used in this section, "educator" means a person employed by a school district,
340      charter school, regional education service agency, or the Utah Schools for the Deaf and
341      the Blind who holds:
342      (a)(i) a license issued by the state board; and
343(ii) a position as a:
344(A) classroom teacher;
345(B) speech pathologist;
346(C) librarian or media specialist;
347(D) preschool teacher;
348(E) mentor teacher;
349(F) teacher specialist or teacher leader;
350(G) guidance counselor;
351(H) audiologist;
352(I) psychologist; or
353(J) social worker; or
354      (b)(i) a license issued by the Division of Professional Licensing; and
355(ii) a position as a social worker.
356  (2) In recognition of the need to attract and retain highly skilled and dedicated educators,
357      the Legislature shall annually appropriate money for educator salary adjustments,
358      subject to future budget constraints.
359  (3)(a) The state board shall distribute to each school district, each charter school, each
360      regional education service agency, and the Utah Schools for the Deaf and the Blind
361      money that the Legislature appropriates for educator salary adjustments based on the
362      number of educator positions described in Subsection (1) in the school district, the
363      charter school, each regional education service agency, or the Utah Schools for the
364      Deaf and the Blind.
365      (b) Notwithstanding Subsection (3)(a), if appropriations are insufficient to provide the
366full amount of educator salary adjustments described in this section, the state board
367shall distribute money appropriated for educator salary adjustments to school
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368districts, charter schools, each regional education service agency, and the Utah
369Schools for the Deaf and the Blind in proportion to the number of
370full-time-equivalent educator positions in a school district, a charter school, each
371regional education service agency, or the Utah Schools for the Deaf and the Blind as
372compared to the total number of full-time-equivalent educator positions in school
373districts, charter schools, each regional education service agency, and the Utah
374Schools for the Deaf and the Blind.
375   (4) A school district, a charter school, each regional education service agency, or the Utah
376Schools for the Deaf and the Blind shall award bonuses to educators as follows:
377(a) for fiscal year 2026, the amount of the salary adjustment for each
378full-time-equivalent educator is:
379(i) if Chapter 6, Part 4, Utah Fits All Scholarship Program, is funded and in effect,
380$10,350; or
381(ii) if Chapter 6, Part 4, Utah Fits All Scholarship Program, is not funded and in
382effect, $5,175;
383(b) an individual who is not a full-time educator shall receive a partial salary adjustment
384based on the number of hours the individual works as an educator;
385(c) a salary adjustment may not be awarded if an educator has received an unsatisfactory
386rating on the educator's three most recent evaluations; and
387(d) [for a fiscal year beginning on or after July 1, 2024, ]the amount of the salary
388adjustment is equal to:
389(i) the amount of salary adjustment in the preceding fiscal year; and
390(ii) a percentage increase that is equal to the percentage increase [in the ] for the lesser
391of the:
392(A) value of the WPU in the preceding fiscal year[.] ; or
393(B) the percent change in the value of the Consumer Price Index in the preceding
394fiscal year compared to the current fiscal year.
395   (5) In[ ] accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
396state board:
397(a) shall make rules to ensure that the LEAs do not:
398(i) reduce or supplant a compensation increase from an increase in the WPU value
399with an increase from the salary supplement in this section; or
400(ii) reduce or artificially limit a teacher's salary to convert the salary supplement in
401this section into a windfall to the LEA; and
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402      (b) may make rules as necessary to administer this section.
403  (6)(a) Subject to future budget constraints, the Legislature shall appropriate sufficient
404      money each year to:
405(i) maintain educator salary adjustments provided in prior years; and
406(ii) provide educator salary adjustments to new employees.
407      (b) Money appropriated for educator salary adjustments shall include money for the
408following employer-paid benefits:
409(i) retirement;
410(ii) worker's compensation;
411(iii) social security; and
412(iv) Medicare.
413  (7)(a) Subject to future budget constraints, the Legislature shall:
414(i) maintain the salary adjustments provided to school administrators in the 2007-08
415school year; and
416(ii) provide salary adjustments for new school administrators in the same amount as
417provided for existing school administrators.
418      (b) The appropriation provided for educator salary adjustments described in this section
419shall include salary adjustments for school administrators as specified in Subsection
420(7)(a).
421      (c) In distributing and awarding salary adjustments for school administrators, the state
422board, a school district, a charter school, each regional education service agency, or
423the Utah Schools for the Deaf and the Blind shall comply with the requirements for
424the distribution and award of educator salary adjustments as provided in Subsections
425(3) and (4).
426Section 8. Section 53F-2-522 is amended to read:
42753F-2-522 (Effective 07/01/26). Public education mental health screening.
428  (1) As used in this section:
429      (a) "Division" means the Division of Integrated Healthcare within the Department of
430Health and Human Services.
431      (b) "Non-participating LEA" means an LEA that does not administer an approved
432mental health screening program described in this section.
433      (c) "Participating LEA" means an LEA that has an approved screening program
434described in this section.
435      (d) "Participating student" means a student in a participating LEA who participates in a
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436mental health screening program.
437(e) "Qualifying parent" means a parent:
438(i) of a participating student who, based on the results of a screening program, would
439benefit from resources that cannot be provided to the participating student in the
440school setting; and
441(ii) who qualifies for financial assistance to pay for the resources under rules made by
442the state board.
443(f) "Screening program" means a student mental health screening program selected by a
444participating LEA and approved by the state board in consultation with the division.
445   (2)(a) On or before July 1, 2023, an LEA governing board shall determine whether the
446LEA will be a participating LEA or a non-participating LEA for the 2023-24 school
447year.
448(b)(i) During the 2023-24 school year, and each year after, a participating LEA may
449change the LEA's participation status and become a non-participating LEA for the
450next school year by reporting the status change to the state board on or before
451August 1, 2024.
452(ii) An LEA that changed the LEA's status from participating to non-participating in
453Subsection (2)(b)(i) is subject to the requirements of a non-participating LEA
454described in Subsection (2)(c).
455(c)(i) During the 2023-24 school year, and each year after, a non-participating LEA's
456governing board shall submit a record of determination to the state board on or
457before August 1 of each year, which record shall state whether the
458non-participating LEA will:
459(A) maintain the LEA's non-participating status; or
460(B) change the LEA's status to be a participating LEA.
461(ii) If the non-participating LEA determines the LEA will change participation status
462and become a participating LEA, the LEA's status of participation will change at
463the end of the current school year.
464(d) If an LEA governing board failed to make the determination required in Subsection
465(2)(a) on or before July 1, 2023, the LEA governing board shall determine whether
466the LEA will be a participating LEA for the 2024-25 school year and notify the state
467board of the determination on or before August 1, 2024.
468   (3) The state board shall:
469(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
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470Rulemaking Act, to:
471(i) establish a process for a participating LEA to submit a selected screening program
472to the state board for approval;
473(ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection,
474and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g,
475establish who may access and use a participating student's screening data;
476(iii) establish a requirement and a process for appropriate LEA or school personnel to
477attend annual training related to administering the screening program;
478(iv) determine whether a parent is eligible to receive the financial support described
479in Subsection (5)(a) as a qualifying parent; and
480(v) apply for and distribute the financial support described in Subsection (5)(a);
481      (b) in consultation with the division, approve an evidence-based student mental health
482screening program selected by a participating LEA that:
483(i) is age appropriate for each grade in which the screening program is administered;
484(ii) screens for the mental health conditions determined by the state board and
485division; and
486(iii) is an effective tool for identifying whether a student has a mental health
487condition that requires intervention; and
488  (c) on or before August 30 of each year, submit a report on the screening programs to
489the [State] Statewide Suicide Prevention Committee created under Section 26B-5-611 and
490      the Education Interim Committee in accordance with Section 53E-1-201 that contains
491      the following:
492      (i) the approximate number of participating students that were screened in each
493participating LEA the previous school year;
494      (ii) the approximate number of participating students referred to additional services
495or for whom intervention was required;
496      (iii) the names and number of:
497(A) participating LEAs;
498(B) non-participating LEAs; and
499(C) LEAs that failed to make and report to the state board the determination to be
500participating or non-participating LEAs;
501      (iv) information regarding:
502(A) reasons why an LEA failed to make a determination to be a participating or
503non-participating LEA; and
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504(B) any LEA that determined to be a participating LEA but failed to implement a
505mental health screening program;
506(v) an overview of how participating LEAs utilized distributed funds; and
507(vi) whether the amount of distributed funds to each participating LEA was sufficient
508for the participating LEA's needs.
509   (4) A participating LEA shall:
510(a) in accordance with rules made by the state board under Subsection (3)(a), submit a
511selected evidence-based screening program to the state board for approval;
512(b) implement and administer a state board-approved mental health screening program
513to participating students in the participating LEA by:
514(i) annually notifying each parent with a student in the participating LEA that the
515parent may have the student screened for mental health conditions;
516(ii) obtaining prior written consent from a student's parent, that complies with Section
51753E-9-203, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec.
5181232g, before the participating LEA screens a participating student;
519(iii) screening the student for mental health conditions; and
520(iv) if results of a participating student's screening indicate a potential mental health
521condition, notifying the parent of the participating student of:
522(A) the participating student's results; and
523(B) resources available to the participating student, including any services that can
524be provided by the school mental health provider or by a partnering entity;
525(c) use state board-distributed funds for the purposes described in Subsection (5)(a); and
526(d) provide the state board with necessary information and data for the state board to
527complete the report described in Subsection (3)(c).
528   (5)(a) Within appropriations made by the Legislature for this purpose, the state board
529may distribute funds to a participating LEA to use to:
530(i) implement and administer a mental health screening for participating students as
531described in Subsection (4)(b); and
532(ii) assist a qualifying parent to pay for resources described in Subsection
533(4)(b)(iv)(B) that cannot be provided by a school mental health professional in the
534school setting.
535[(b) To distribute funds as described in Subsection (5)(a), the state board shall:]
536[(i) distribute 90% of the available funds to participating LEAs based on the previous
537year's average daily membership count; and]
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538[(ii) distribute the remaining 10% of the available funds on an as-needed basis to
539participating LEAs if the LEA has exhausted the funds distributed under
540Subsection (5)(b)(i) and has additional need.]
541      (b) The state board shall distribute the funds described in Subsection (5)(a) on an
542as-needed basis to a participating LEA.
543      (c) The state board may not distribute funds described in Subsection (5)(a) to a
544non-participating LEA.
545  (6) A school employee trained in accordance with rules made by the state board under
546      Subsection (3)(a)(iii), who administers an approved mental health screening in
547      accordance with this section in good faith, is not liable in a civil action for an act taken
548      or not taken under this section.
549Section 9. Section 53F-6-501 is amended to read:
55053F-6-501 (Effective 07/01/26). Utah Private Course Choice Empowerment
551  program.
552  (1) As used in this section:
553      (a) "Authorized online course provider" or "provider" means a provider approved by the
554program manager to offer online courses through the program.
555      (b) "Blended learning" means an education model that:
556(i) combines in-person and online or digital instruction and learning activities;
557(ii) allows students to receive instruction through:
558(A) direct, in-person interaction with an instructor;
559(B) digital or online content and activities; or
560(C) a combination of both in-person and online methods;
561(iii) may include hybrid teaching formats where:
562(A) some students participate in-person while others participate remotely; or
563(B) instruction alternates between in-person and online delivery; and
564(iv) provides students flexibility in time, place, path, or pace of learning.
565      (c) "Contract administrator" means the state board's appointed [Deputy Superintendent
566of Operations] deputy superintendent of operations that ensures the program manager
567meets contractual obligations.
568      (d) "Contract oversight and compliance" means the oversight and coordination functions
569performed by the Department of Operations contract administrator, including:
570(i) establishing and maintaining program standards within a contract with a program
571manager;
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572(ii) determining operational requirements and structures;
573(iii) procuring and managing contracts for program services and standards;
574(iv) ensuring program integrity through direct or contracted oversight;
575(v) coordinating program functions and contracted services with a program manager;
576and
577(vi) maintaining appropriate separation between government oversight and
578independent program operations.
579(e) "Contracted entity" means an organization that:
580(i) contracts with the state board to perform duties and functions necessary for
581program administration and operations;
582(ii) is not affiliated with any international organization;
583(iii) does not harvest data for the purpose of reproducing or distributing the data to
584other entities;
585(iv) has no involvement in guiding or directing any curriculum or curriculum
586standards; and
587(v) performs the specific duties and functions assigned in the contract with the state
588board.
589(f) "Department of Operations" means the section of the state board that oversees
590financial operations, procurement operations, data and statistics operations, school
591land trust, and information technology operations for the state board.
592(g) "Eligible student" means a student:
593(i) who attends a private school whose parent is a resident of Utah; or
594(ii) who is an exchange student residing in Utah and enrolled in a private school in
595Utah.
596(h) "Online course" means a course of instruction for grades 6 through 12 offered
597through the program using digital technology, including:
598(i) an exclusively online learning and instructional model; or
599(ii) blended learning models.
600(i) "Private school" means the same as that term is defined in Section 53F-6-401.
601(j) "Program" means the Utah Private Course Choice Empowerment program created in
602this section.
603(k) "Program manager" means a contracted entity that, at the time of application,
604demonstrates the ability without external contracts to internally meet the
605qualifications specified in this section, that is contracted by the state board to
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606administer the Utah Private Course Choice Empowerment program, including:
607(i) the ability to manage, distribute, and transact program funds;
608(ii) capacity to create and maintain a user-friendly website;
609(iii) the ability to verify a student's eligibility based on the requirements of this part;
610(iv) capacity to process provider payments and maintain financial records;
611(v) ability to track, monitor, and report program enrollment, participation, and
612outcomes at both provider and individual student levels; and
613(vi) maintenance of a publicly accessible provider list, including:
614(A) the capability to allow a student or a student's parent to rate, review, and share
615information about providers; and
616(B) appropriate links to a provider's course catalog.
617  (2) The program is created to enable an eligible student to engage in taking online courses.
618  (3) The purposes of the program are to:
619      (a) provide a student with access to online learning options regardless of where the
620student attends school, including blended learning settings;
621      (b) provide digital learning options for a student regardless of language, residence,
622family income, or special needs;
623      (c) utilize the power and scalability of technology to customize education so that a
624student may learn in the student's own style preference and at the student's own pace;
625      (d) provide greater access to self-paced programs enabling a high achieving student to
626accelerate academically, while a struggling student may have additional time and
627help to gain competency;
628      (e) allow a student to customize the student's schedule to better meet the student's
629academic goals;
630      (f) provide quality learning options to better prepare a student for post-secondary
631education and career opportunities; and
632      (g) support flexible learning environments through blended learning options that
633combine the benefits of both in-person and online instruction to enhance student
634engagement and achievement.
635  (4) An eligible student may enroll in an online course offered through the program if:
636      (a) the student meets the course prerequisites; and
637      (b) the course is open for enrollment.
638  (5)(a) An eligible student may enroll in online courses up to the equivalent of six credits
639      per school year.
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640(b) Notwithstanding Subsection (5)(a), if an eligible student is also a scholarship student
641as defined in Section 53F-6-401, the student may enroll in online courses up to the
642equivalent of four credits per school year.
643(c) Beginning July 1, 2027, an eligible student participating in the program that is a
644scholarship student, as that term is defined in Section 53F-6-401, shall use
645scholarship funds, as that term is defined in Section 53F-6-401, to participate in the
646program.
647   (6)(a) No later than April 1, 2025, the state board shall:
648(i) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, enter in an
649agreement with one or more contracted entities to serve as a program manager for
650the program, including management of the funds appropriated for the program;
651(ii) ensure the initial contract is no more than a three-year contract with annual
652renewal options subject to performance review and compliance with Title 63G,
653Chapter 6a, Utah Procurement Code; and
654(iii) ensure the contract:
655(A) clearly delineates the specific duties and functions to be performed;
656(B) ensures the efficiency and success of the program;
657(C) maintains appropriate separation between program and contract administration
658and direct educational services;
659(D) preserves the independence of educational decisions made between parents
660and providers; and
661(E) does not impose any requirements on the program manager that are not
662essential to the basic administration of the program or create restrictions,
663directions, or mandates regarding instructional content or curriculum.
664(b) The state board shall perform contract oversight and compliance through the contract
665administrator, who shall:
666(i) regulate and take enforcement action as necessary against a program manager in
667accordance with the provisions of the state board's agreement with the program
668manager;
669(ii) ensure the program manager adheres to all contractual obligations;
670(iii) review all program reports and financial records;
671(iv) conduct regular compliance audits; and
672(v) evaluate the program manager's performance annually.
673(c) The state board shall not include a provision in any rule that creates or implies a
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674restriction, direction, or mandate regarding program administration, including student
675enrollment, payments to providers, instructional content, or curriculum.
676      (d) The state board, in collaboration with the contract administrator, may:
677(i) distribute program functions among multiple contracted entities, including:
678(A) program management functions;
679(B) financial processing and payment functions;
680(C) provider management functions; and
681(D) other administrative functions as needed; and
682(ii) ensure appropriate coordination between all contracted entities through clearly
683defined roles and responsibilities in each contract.
684  (7)(a) The program manager shall:
685(i) administer the program;
686(ii) ensure an eligible student can navigate to all authorized online course providers'
687enrollment platforms or tools for the program;
688(iii) approve and oversee authorized online course providers;
689(iv) establish guidelines for qualifying providers and courses;
690(v) manage funds appropriated for the program;
691(vi) make payments to authorized online course providers that may not include
692transaction fees of any kind;
693(vii) as described in Subsection (19), provide an annual report on the performance of
694the program to the Education Interim Committee; and
695(viii) ensure compliance with applicable laws and regulations.
696      (b) The program manager shall maintain detailed financial records subject to review by
697the contract administrator, including:
698(i) all course payments processed;
699(ii) provider payment histories;
700(iii) administrative costs; and
701(iv) audit results.
702  (8) The state board may regulate and take enforcement action as necessary against a
703      program manager in accordance with the provisions of the state board's agreement with
704      the program manager.
705  (9)(a) If the state board determines that a program manager has violated a provision of
706      this part or a provision of the state board's agreement with the program manager, the
707      state board shall send written notice to the program manager explaining the violation
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708and the remedial action required to correct the violation.
709(b) A program manager that receives a notice described in Subsection (9)(a) shall, no
710later than 60 days after the day on which the program manager receives the notice,
711correct the violation and report the correction to the state board.
712(c)(i) If a program manager that receives a notice described in Subsection (9)(a) fails
713to correct a violation in the time period described in Subsection (9)(b), the state
714board may bar the program manager from further participation in the program.
715(ii) A program manager may appeal a decision of the state board under Subsection
716(9)(c)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
717(d) A program manager may not accept state funds while the program manager:
718(i) is barred from participating in the program under Subsection (9)(c)(i); or
719(ii) has an appeal pending under Subsection (9)(c)(ii).
720(e) A program manager that has an appeal pending under Subsection (9)(c)(ii) may
721continue to administer online courses during the pending appeal.
722   (10) The program manager shall approve online course providers to offer courses through
723the program.
724   (11)(a) Subject to Subsection (11)(b), the program manager shall establish a process to
725approve an entity as an authorized online course provider, including:
726(i) the entity's demonstration of at least three years of experience in either:
727(A) developing and delivering proprietary digital coursework for students; or
728(B) successfully aggregating and managing third-party digital education providers
729and courses for students;
730(ii) the ability to provide a publicly available user-friendly website for an eligible
731student, including:
732(A) an accessible course enrollment system;
733(B) comprehensive provider and course information; and
734(C) program participation metrics;
735(iii) verification that within the past five years, the entity:
736(A) has not been subject to sanctions;
737(B) has not undergone investigations;
738(C) has not had adverse findings in malfeasance audits; and
739(D) has not received other official censures in any state where it delivers digital
740courses;
741(iv) certification that the entity is not currently named in any lawsuit or ongoing civil
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742litigation in any state where the entity delivers digital courses; and
743(v) the entity's demonstrated capacity to:
744(A) evaluate and monitor course quality and content;
745(B) verify instructor qualifications and experience;
746(C) ensure instructor technical competency;
747(D) conduct instructor background checks;
748(E) provide regular professional development;
749(F) implement student safety policies;
750(G) maintain data privacy and security;
751(H) enforce a learner code of conduct; and
752(I) uphold academic integrity standards.
753      (b) In accordance with Subsection (13), the program manager shall allow all authorized
754online course providers and courses the state board has approved up to July 1, 2024,
755for the Statewide Online Education Program described in Title 53F, Chapter 4, Part 5,
756Statewide Online Education Program, to be offered to private school students.
757  (12) The program manager may revoke approval of an authorized online course provider
758      for non-compliance with program requirements described in this section or poor
759      performance as the program manager determines.
760  (13) The program manager shall establish a process for reviewing and approving courses to
761      be offered through the program, including:
762      (a) submission of the following course information:
763(i) course title;
764(ii) course fee;
765(iii) subject area; and
766(iv) if applicable, credits earned;
767      (b) description of course organization, including:
768(i) modules, units, or chapters;
769(ii) frequency of assessments; and
770(iii) overall course length;
771      (c) course pacing information, including:
772(i) recommended standard course pace progression;
773(ii) expected weeks of study per semester of content; and
774(iii) acknowledgment of a student's flexibility to adjust course pace;
775      (d) course withdrawal policy;
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776(e) final completion deadline for the course;
777(f) summary description of course subject matter content;
778(g) course prerequisites, if any;
779(h) required course materials, including:
780(i) technology requirements; and
781(ii) tangible materials needed for course completion;
782(i) alignment with any applicable:
783(i) industry standards;
784(ii) state board standards;
785(iii) National Collegiate Athletic Association requirements; or
786(iv) accreditation requirements;
787(j) method of course instruction and delivery;
788(k) description of instructional support, including:
789(i) frequency of instructor-initiated one-on-one progress checks;
790(ii) frequency of instructor-led tutoring;
791(iii) availability of small-group tutoring;
792(iv) frequency of synchronous one-on-one instructor-led checks for a student's
793understanding; and
794(v) regular student interaction with educators;
795(l) student-to-teacher ratio;
796(m) for blended or hybrid format courses:
797(i) a description of in-person instruction components; and
798(ii) any waiver for online instructional support requirements when a student receives
799real-time in-person instruction for a portion of the course; and
800(n) prohibiting credit recovery courses or packet-based courses.
801   (14) The program manager shall ensure the review process described in Subsection (13):
802(a) does not require an authorized online course provider to alter the provider's:
803(i) creed;
804(ii) practices;
805(iii) admissions policies;
806(iv) hiring practices; or
807(v) curricula, including any religious course or course content;
808(b) maintains an authorized online course provider's autonomy while accepting program
809funds; and
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810      (c) provides for a regular renewal of:
811(i) a course approval; and
812(ii) an authorized online course provider's authorization based on criteria, including:
813(A) a course completion rate of at least 80%;
814(B) reviews of the courses provided by a parent or eligible student; and
815(C) if applicable, fidelity to the approval criteria described in Subsection (11).
816  (15) An authorized online course provider shall:
817      (a) for each course offered, establish reasonable:
818(i) course lengths;
819(ii) standardized completion deadlines that are the same for all courses offered by the
820provider;
821(iii) standardized withdrawal deadlines that are the same for all courses offered by the
822provider; and
823(iv) course fees;
824      (b) submit the information described in Subsections (13) and (15)(a) to the program
825manager for approval;
826      (c) ensure the information described in Subsections (13) and (15)(a) are correctly posted
827with each course listing; and
828      (d) report enrollment and withdrawal data to the program manager within five business
829days.
830  (16) Subject to legislative appropriation, the program manager shall manage program funds
831      to administer the program, including:
832      (a) paying a course fee to an authorized online course provider as follows:
833(i) 60% of the course fee paid upon an eligible student's enrollment; and
834(ii) 40% of the course fee paid upon the eligible student's completion of the course;
835      (b) if the student does not complete the course by the deadline the authorized online
836course provider establishes as described in Subsection (15), disqualifying an
837authorized online course provider from receiving the 40% of the course fee as
838described in Subsection (16)(a)(ii);
839      (c) processing payments to a provider within 30 days of relevant deadlines for
840enrollment, withdrawal, or course completion; and
841      (d) establishing a payment structure for payments made to a provider that ensures no
842transaction fees are passed on to the provider.
843  (17) Subject to legislative appropriation, the Legislature shall:
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844(a) provide funds for the program that are separate from funding for public education
845programs; and
846(b) adjust the appropriation based on anticipated enrollment increases in the program.
847   (18) The program manager may use a percentage of the appropriation described in
848Subsection (17) for administrative costs as follows:
849(a) up to 8% of the appropriation for administrative costs when the total annual
850appropriation from the Legislature is $10,000,000 or less; and
851(b) up to 5% of the appropriation for administrative costs when the total annual
852appropriation from the Legislature exceeds $10,000,000.
853   (19) The program manager shall provide an annual report to the Education Interim
854Committee regarding the performance of the program, including:
855(a) number of students served;
856(b) courses offered and completed;
857(c) student progress and completion rates; and
858(d) financial information and use of funds.
859   (20) The program manager shall establish a comprehensive system for monitoring
860providers, including:
861(a) regular performance reviews based on:
862(i) student completion rates;
863(ii) student academic progress metrics;
864(iii) instructor qualifications and performance;
865(iv) course content quality and alignment; and
866(v) technical system reliability;
867(b) annual compliance audits of:
868(i) financial records;
869(ii) student data privacy practices; and
870(iii) security protocols; and
871(c) regular provider site visits that occur at least once per academic year.
872   (21) On or before July 1, 2025, and as frequently as necessary to maintain the information,
873the state board shall provide information on the state board's website, including:
874(a) information on the program manager, including the program manager's contact
875information; and
876(b) an overview of the program.
877   (22) In the event of the expiration or termination of a program manager contract, or the
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878      inability of a program manager to perform required duties:
879      (a) the Department of Operations shall serve as a temporary bridge program
880administrator solely during the time required to:
881(i) maintain essential program operations; and
882(ii) complete the procurement process for selecting a new program manager;
883      (b) the Department of Operations shall immediately initiate and complete the
884procurement process described in this section in an expedited manner;
885      (c) the Department of Operations shall establish clear timelines and procedures for the
886transition process between the previous program manager to the Department of
887Operations to the new program manager; and
888      (d) the Department of Operations shall provide proper notice to and coordinate with:
889(i) authorized online course providers;
890(ii) parents;
891(iii) the state board; and
892(iv) other affected parties.
893Section 10. Section 63I-2-253 is amended to read:
89463I-2-253 (Effective 07/01/26). Repeal dates: Titles 53 through 53G.
895  (1) Title 53, Chapter 2c, COVID-19 Health and Economic Response Act, is repealed July 1,
896      2026.
897  (2) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per diem --
898      Report -- Expiration, is repealed December 31, 2025.
899  (3) Section 53-22-104.2, The School Security Task Force -- Education Advisory Board, is
900      repealed December 31, 2025.
901  (4) Section 53-25-103, Airport dangerous weapon possession reporting requirements, is
902      repealed December 31, 2031.
903  (5) Subsection 53-25-602(4)(b), regarding the rights of a peace officer placed onto a
904      prosecution agency's Brady identification system before May 7, 2025, is repealed
905      December 1, 2025.
906  (6) Subsection 53-29-302(2)(b)(ii), regarding the requirement for the Department of
907      Corrections to submit the results of risk assessments for sex offenders to the State
908      Commission on Criminal and Juvenile Justice, is repealed January 1, 2030.
909  (7) Subsection 53E-3-501(7)(e)(ii), regarding a report on the packet method, is repealed
910      July 1, 2028.
911  (8) Subsection 53F-2-504(6), regarding a report on the Salary Supplement for Highly
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912Needed Educators, is repealed July 1, 2026.
913   (9) Section 53F-4-518, regarding small school student access to courses, is repealed July 1,
9142027.
915   [(9)] (10) Section 53F-5-221, Management of energy and water use pilot program, is
916repealed July 1, 2028.
917   [(10)] (11) Section 53F-5-222, Mentoring and Supporting Teacher Excellence and
918Refinement Pilot Program, is repealed July 1, 2028.
919   [(11)] (12) Section 53F-5-223, Stipends for Future Educators Grant Program, is repealed
920July 1, 2028.
921   (13) Title 53F, Chapter 5, Part 5, Personalized, Competency-based Learning Grants
922Program, is repealed July 1, 2027.
923   [(12)] (14) Subsection 53G-11-502(1), regarding implementation of the educator evaluation
924process, is repealed July 1, 2029.
925   [(13)] (15) Section 53G-11-506, Establishment of educator evaluation program -- Joint
926committee, is repealed July 1, 2029.
927   [(14)] (16) Section 53G-11-507, Components of educator evaluation program, is repealed
928July 1, 2029.
929   [(15)] (17) Section 53G-11-508, Summative evaluation timelines -- Review of summative
930evaluations, is repealed July 1, 2029.
931   [(16)] (18) Section 53G-11-509, Mentor for provisional educator, is repealed July 1, 2029.
932   [(17)] (19) Section 53G-11-510, State board to describe a framework for the evaluation of
933educators, is repealed July 1, 2029.
934   [(18)] (20) Section 53G-11-511, Rulemaking for privacy protection, is repealed July 1, 2029.
935   [(19)] (21) Subsection 53G-11-520(1), regarding optional alternative educator evaluation
936processes, is repealed July 1, 2029.
937   [(20)] (22) Subsection 53G-11-520(2), regarding an exception from educator evaluation
938process requirements, is repealed July 1, 2029.
939Section 11. Section 63J-1-206 is amended to read:
94063J-1-206 (Effective 07/01/26). Appropriations governed by chapter --
941   Restrictions on expenditures -- Transfer of funds -- Exclusion.
942   (1)(a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly exempted
943in the appropriating act:
944(i) all money appropriated by the Legislature is appropriated upon the terms and
945conditions set forth in this chapter; and
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946(ii) any department, agency, or institution that accepts money appropriated by the
947Legislature does so subject to the requirements of this chapter.
948      (b) This section does not apply to:
949(i) the Legislature and [its] the Legislature's committees; and
950(ii) the Investigation Account of the Water Resources Construction Fund, which is
951governed by Section 73-10-8.
952  (2)(a) Each item of appropriation is to be expended subject to any schedule of programs
953      and any restriction attached to the item of appropriation, as designated by the
954      Legislature.
955      (b) Each schedule of programs or restriction attached to an appropriation item:
956(i) is a restriction or limitation upon the expenditure of the respective appropriation
957made;
958(ii) does not itself appropriate any money; and
959(iii) is not itself an item of appropriation.
960      (c)(i) An appropriation or any surplus of any appropriation may not be diverted from
961any department, agency, institution, division, or line item to any other department,
962agency, institution, division, or line item.
963(ii) If the money appropriated to an agency to pay lease payments under the program
964established in Section 63A-5b-703 exceeds the amount required for the agency's
965lease payments to the Division of Facilities Construction and Management, the
966agency may:
967(A) transfer money from the lease payments line item to other line items within
968the agency; and
969(B) retain and use the excess money for other purposes.
970      (d) The money appropriated subject to a schedule of programs or restriction may be used
971only for the purposes authorized.
972      (e) In order for a department, agency, or institution to transfer money appropriated to it
973from one program to another program, the department, agency, or institution shall
974revise its budget execution plan as provided in Section 63J-1-209.
975      (f)(i) The procedures for transferring money between programs within a line item as
976provided by Subsection (2)(e) do not apply to money appropriated to the State
977Board of Education for the Minimum School Program or capital outlay programs
978created in Title 53F, Chapter 3, State Funding -- Capital Outlay Programs.
979(ii) The state superintendent may transfer money appropriated for the programs
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 S.B. 2  Enrolled Copy
980specified in Subsection (2)(f)(i) only as provided by Section 53F-2-205.
981   (3) Notwithstanding Subsection (2)(c)(i):
982(a) the state superintendent:
983(i) may transfer money appropriated for:
984(A) the Minimum School Program between line items in accordance with Section
98553F-2-205; and
986(B) in fiscal years 2027 and 2028, State Board of Education line items to
987reorganize the administrative office of the State Board of Education to support
988the state board's strategic plan and increase efficiency of operations related to
989educator licensing, Minimum School Program administration, policy,
990communication, oversight, and system standards and accountability;
991[(B) initial enrollment estimates for charter schools between line items in
992accordance with Section 53F-2-707; and]
993(ii) shall provide the state board with information on the transfers described in
994Subsection (3)(a)(i) within 60 days of a transfer; and
995(iii) shall report actions the state superintendent takes under Subsection (3)(a)(i)(B)
996to:
997(A) the Public Education Appropriations Subcommittee; and
998(B) the Executive Appropriations Committee;
999(b) the Utah Board of Higher Education may transfer reinvestment funds, as defined in
1000  Section 53H-8-210, to a degree-granting institution, in accordance with the process
1001  described in Section 53H-8-210; and
1002  (c) the Department of Government Operations may transfer money appropriated to
1003  another department, agency, institution, or division for the purpose of paying the
1004  costs of pay for performance under Section 63A-17-112.
1005     (4) During fiscal years 2026 through 2029, the Utah Board of Higher Education may
1006  transfer money from the Utah Board of Higher Education's line item for high-value
1007  careers to the operating budgets of institutions of higher education, as defined in Section
1008  53H-1-101, in amounts that are no greater than the amount the Legislature approves.
1009  Section 12. Repealer.
1010  This bill repeals:
1011  Section 53F-2-510, Digital Teaching and Learning Grant Program.
1012  Section 53F-2-523, Salary supplement for National Board-certified teachers.
1013  Section 53F-2-707, Allocations for adjustment of initial enrollment estimates for charter
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 Enrolled Copy  S.B. 2
1014    schools.
1015  Section 53F-5-202, National Board certification reimbursement.
1016  Section 13. FY 2026 Appropriations.
1017  The following sums of money are appropriated for the fiscal year beginning July 1,
1018    2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
1019    fiscal year 2026.
1020  Subsection 13(a). Operating and Capital Budgets
1021  Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
1022    Legislature appropriates the following sums of money from the funds or accounts indicated for
1023    the use and support of the government of the state of Utah.
1024    PUBLIC EDUCATION
1025    STATE BOARD OF EDUCATION - MINIMUM SCHOOL PROGRAM
1026    ITEM 1     To State Board of Education - Minimum School Program - Related to Basic
1027    School Programs
1028  From Public Education Economic Stabilization
1029  Restricted Account, One-time  (11,125,000)
1030  Schedule of Programs:
1031  School-Based Education Support Professional
1032  Bonus  (11,125,000)
1033    STATE BOARD OF EDUCATION
1034    ITEM 2     To State Board of Education - Educator Licensing
1035  The Legislature intends that the State Board of
1036  Education use up to $50,000, appropriated in Senate Bill
1037  2, Item 33 of the 2025 General Session for FY 2026, to
1038  support the Utah National Board Certified Coalition for
1039  travel to rural districts and other locations, recruitment
1040  and mentorship activities, and stipends that assist Utah
1041  teachers in obtaining National Board Certification, in
1042  accordance with Utah Code Section 63G-6b-201.
1043    ITEM 3     To State Board of Education - Contracted Initiatives and Grants
1044  From Income Tax Fund, One-time  (3,121,600)
1045  Schedule of Programs:
1046  Software Licenses for Early Literacy  (3,121,600)
1047    ITEM 4     To State Board of Education - Policy, Communication, & Oversight
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 S.B. 2  Enrolled Copy
1048  From Income Tax Fund, One-time  150,400
1049  From Federal Funds, One-time  57,579,600
1050  Schedule of Programs:
1051  Policy and Communication  150,400
1052  Student Support Services  57,579,600
1053     ITEM 5     To State Board of Education - System Standards & Accountability
1054  From Income Tax Fund, One-time  (5,844,900)
1055  From Federal Funds, One-time  19,739,500
1056  Schedule of Programs:
1057  Student Achievement  (25,000)
1058  Teaching and Learning  14,467,000
1059  Assessment and Accountability  (1,024,000)
1060  Career and Technical Education  539,600
1061  Special Education  4,219,700
1062  Early Literacy Outcomes Improvement  (4,282,700)
1063     ITEM 6     To State Board of Education - Utah Schools for the Deaf and the Blind
1064  From Income Tax Fund, One-time  3,861,800
1065  From Federal Funds, One-time  2,200
1066  Schedule of Programs:
1067  Support Services  10,057,800
1068  Administration  (10,484,300)
1069  Transportation and Support Services  (8,222,600)
1070  Utah State Instructional Materials Access Center  892,200
1071  School for the Deaf  7,700,300
1072  School for the Blind  3,920,600
1073     ITEM 7     To State Board of Education - State Board and Administrative Operations
1074  From Income Tax Fund, One-time  18,318,900
1075  Schedule of Programs:
1076  Financial Operations  18,318,900
1077     ITEM 8     To State Board of Education - Utah Fits All Scholarship Program
1078  From Income Tax Fund, One-time  49,600
1079  Schedule of Programs:
1080  Student Scholarships and Administration  49,600
1081  Subsection 13(b). Restricted Fund and Account Transfers
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 Enrolled Copy  S.B. 2
1082  The Legislature authorizes the State Division of Finance to transfer the following
1083    amounts between the following funds or accounts as indicated. Expenditures and outlays from
1084    the funds to which the money is transferred must be authorized by an appropriation.
1085    PUBLIC EDUCATION
1086    ITEM 9     To Income Tax Fund Restricted - Utah Fits All Scholarship Program Restricted
1087    Account
1088  From Income Tax Fund, One-time  (49,600)
1089  Schedule of Programs:
1090  Utah Fits All Scholarship Program Restricted
1091  Account  (49,600)
1092  Section 14. FY 2027 Appropriations.
1093  The following sums of money are appropriated for the fiscal year beginning July 1,
1094    2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
1095    fiscal year 2027.
1096  Subsection 14(a). Operating and Capital Budgets
1097  Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
1098    Legislature appropriates the following sums of money from the funds or accounts indicated for
1099    the use and support of the government of the state of Utah.
1100    PUBLIC EDUCATION
1101    STATE BOARD OF EDUCATION - MINIMUM SCHOOL PROGRAM
1102    ITEM 10    To State Board of Education - Minimum School Program - Basic School Program
1103  From Uniform School Fund  27,172,200
1104  Schedule of Programs:
1105  Necessarily Existent Small Schools (480 WPUs)  2,339,000
1106  Career and Technical Education - Add-on
1107  (-2,806 WPUs)  (13,666,700)
1108  Students At-Risk Add-on (5,099 WPUs)  24,833,200
1109  College and Career Counseling (2,806 WPUs)  13,666,700
1110    ITEM 11    To State Board of Education - Minimum School Program - Related to Basic
1111    School Programs
1112  From Uniform School Fund  (31,252,400)
1113  From Uniform School Fund, One-time  (19,768,900)
1114  From Public Education Economic Stabilization
1115  Restricted Account, One-time  22,768,900
                                                - 33 -
 S.B. 2  Enrolled Copy
1116  Schedule of Programs:
1117  Pupil Transportation To & From School  (6,500,000)
1118  Adult Education  (300,000)
1119  Educator Salary Adjustments  (4,800,000)
1120  Salary Supplement for Highly Needed Educators  (2,000,000)
1121  Digital Teaching and Learning Program  (18,352,400)
1122  Student Health and Counseling Support Program  (1,300,000)
1123  Grow Your Own Teacher and Counselor Pipeline  5,000,000
1124     STATE BOARD OF EDUCATION
1125     ITEM 12   To State Board of Education - Child Nutrition Programs
1126  From Public Education Economic Stabilization
1127  Restricted Account, One-time  2,516,900
1128  Schedule of Programs:
1129  Child Nutrition  2,516,900
1130     ITEM 13   To State Board of Education - Educator Licensing
1131  From Income Tax Fund  (1,496,300)
1132  From Public Education Economic Stabilization
1133  Restricted Account, One-time  3,600,000
1134  Schedule of Programs:
1135  STEM Endorsement Incentives  2,400,000
1136  National Board-Certified Teachers  (296,300)
1137     ITEM 14   To State Board of Education - Fine Arts Outreach
1138  From Income Tax Fund  (54,000)
1139  Schedule of Programs:
1140  Subsidy Program  (54,000)
1141  In accordance with Title 63G Chapter 6b, the
1142  Legislature intends that the State Board of Education
1143  provide direct award grants totaling $6,121,000 in fiscal
1144  year 2027, as appropriated in House Bill 1, Item 37 of the
1145  2026 General Session, to the following direct award
1146  grant recipients for the Fine Arts Outreach - Professional
1147  Outreach Programs in the Schools (POPS):
1148  (1) $727,000 to Ballet West;
1149  (2) $225,000 to the Nora Eccles Harrison
                                              - 34 -
 Enrolled Copy  S.B. 2
1150  Museum of Art;
1151  (3) $159,000 to Plan-B Theatre;
1152  (4) $342,700 to Repertory Dance Theatre;
1153  (5) $289,500 to Ririe-Woodbury Dance
1154  Company;
1155  (6) $359,900 to the Springville Museum of Art;
1156  (7) $271,900 to Spy Hop;
1157  (8) $458,100 to Tanner Dance;
1158  (9) $387,800 to the Utah Festival Opera and
1159  Musical Theatre;
1160  (10) $233,900 to the Utah Film Center;
1161  (11) $216,000 to the Utah Museum of
1162  Contemporary Art;
1163  (12) $209,900 to the Utah Museum of Fine Art;
1164  (13) $449,000 to the Utah Opera;
1165  (14) $447,600 to the Utah Shakespeare Festival;
1166  and
1167  (15) $1,343,000 to the Utah Symphony.
1168    ITEM 15   To State Board of Education - Contracted Initiatives and Grants
1169  From General Fund  (2,500)
1170  From Income Tax Fund  (2,138,900)
1171  From Public Education Economic Stabilization
1172  Restricted Account, One-time  7,400,000
1173  From Revenue Transfers  12,500
1174  Schedule of Programs:
1175  Contracts and Grants  3,300,000
1176  UPSTART  (45,100)
1177  Supplemental Educational Improvement
1178  Matching Grants  (2,700)
1179  Competency-Based Education Grants  (2,081,100)
1180  Utah Anti-Bullying Coalition  300,000
1181  Student Credential Account  3,800,000
1182  In accordance with Title 63G, Chapter 6b, the
1183  Legislature intends that the State Board of Education
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 S.B. 2  Enrolled Copy
1184  provide direct award grants totaling $1,500,000 in fiscal
1185  year 2027 to the direct award grant recipient, Junior
1186  Achievement, for the 3DE by Junior Achievement
1187  program.
1188  The Legislature intends that the Division of
1189  Finance transfer any remaining closing nonlapsing
1190  balances from Fiscal Year 2026 in the Contracted
1191  Initiatives and Grants line item to the Fiscal Year 2027
1192  beginning nonlapsing balances of the Statewide
1193  Technology Contracts line item for the following
1194  programs: Computer Science Initiative; Education
1195  Technology Management System; IT Academy; School
1196  Data Collection and Analysis; and Software Licenses for
1197  Early Literacy.
1198  In accordance with Title 63G, Chapter 6b, the
1199  Legislature intends that the State Board of Education
1200  provide direct award grants totaling $3,800,000 in fiscal
1201  year 2027 to the direct award grant recipient, YouScience
1202  LLC, for the Student Credential Account (SCA)
1203  Statewide Usage program.
1204     ITEM 16   To State Board of Education - MSP Categorical Program Administration
1205  From Income Tax Fund  (899,400)
1206  From Revenue Transfers  57,700
1207  Schedule of Programs:
1208  Digital Teaching and Learning  (541,700)
1209  Early Learning Training and Assessment  (300,000)
1210     ITEM 17   To State Board of Education - Science Outreach
1211  From Income Tax Fund  (598,100)
1212  Schedule of Programs:
1213  Informal Science Education Enhancement  (598,100)
1214  In accordance with Title 63G, Chapter 6b, the
1215  Legislature intends that the State Board of Education
1216  provide direct award grants totaling $5,666,900 in fiscal
1217  year 2027, as appropriated in House Bill 1, Item 41 of the
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 Enrolled Copy  S.B. 2
1218  2026 General Session, to the following direct award
1219  grant recipients for the Science Outreach Informal
1220  Education Enhancement (iSEE) program:
1221  (1) $1,052,600 to the Clark Planetarium;
1222  (2) $715,600 to Discovery Gateway;
1223  (3) $119,600 to Hawkwatch International;
1224  (4) $807,400 to Loveland Living Planet
1225  Aquarium;
1226  (5) $866,800 to the Natural History Museum of
1227  Utah;
1228  (6) $245,300 to the Ogden Nature Center;
1229  (7) $355,800 to Red Butte Gardens;
1230  (8) $897,200 to Thanksgiving Point;
1231  (9) $381,600 to Utah's Hogle Zoo; and
1232  (10) $225,000 to Utah State University
1233  Extension.
1234    ITEM 18   To State Board of Education - Policy, Communication, & Oversight
1235  From Income Tax Fund  (828,900)
1236  From Federal Funds  57,579,600
1237  Schedule of Programs:
1238  Policy and Communication  100,100
1239  Student Support Services  57,575,600
1240  School Turnaround and Leadership Development
1241  Act  (1,000,000)
1242  Suicide Prevention  75,000
1243    ITEM 19   To State Board of Education - System Standards & Accountability
1244  From Income Tax Fund  399,300
1245  From Income Tax Fund, One-time  (1,035,000)
1246  From Federal Funds  19,739,500
1247  From Public Education Economic Stabilization
1248  Restricted Account, One-time  35,000,000
1249  Schedule of Programs:
1250  Student Achievement  (25,000)
1251  Teaching and Learning  14,739,000
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 S.B. 2  Enrolled Copy
1252  Assessment and Accountability  (257,800)
1253  Career and Technical Education  427,900
1254  Special Education  4,219,700
1255  CTE Catalyst Center  35,000,000
1256     ITEM 20   To State Board of Education - State Charter School Board
1257  From Income Tax Fund, One-time  (200,000)
1258  Schedule of Programs:
1259  Statewide Charter School Training Programs  (200,000)
1260     ITEM 21   To State Board of Education - Utah Schools for the Deaf and the Blind
1261  From Income Tax Fund  5,486,000
1262  From Federal Funds  2,200
1263  From Revenue Transfers  (4,935,000)
1264  Schedule of Programs:
1265  Support Services  9,973,400
1266  Administration  (15,360,100)
1267  Transportation and Support Services  (6,573,200)
1268  Utah State Instructional Materials Access Center  892,200
1269  School for the Deaf  7,700,300
1270  School for the Blind  3,920,600
1271  Pursuant to appropriations made in Item 45 of
1272  House Bill 1, Public Education Budget Amendments
1273  (2025 General Session), the Legislature intends that the
1274  State Board of Education study the development of a
1275  fee-for-service plan that recovers all costs for outreach
1276  services the Utah Schools for the Deaf and the Blind
1277  provides from a student's local education agency and
1278  report to the Public Education Appropriations
1279  Subcommittee by August 15, 2027.
1280  Pursuant to appropriations made in Item 45 of
1281  House Bill 1, Public Education Budget Amendments
1282  (2025 General Session), the Legislature intends that the
1283  State Board of Education review rules governing how
1284  weighted pupil units are generated by students served
1285  through Utah Schools for the Deaf and the Blind
                                              - 38 -
 Enrolled Copy  S.B. 2
1286  extension classrooms, evaluate local education agency
1287  data submissions to determine compliance, and study
1288  how to remit Special Education Add-on weighted pupil
1289  units to the USDB for impacted students and report to the
1290  Public Education Appropriations Subcommittee by
1291  August 15, 2027.
1292    ITEM 22   To State Board of Education - Statewide Online Education Program Subsidy
1293  From Income Tax Fund  (2,339,000)
1294  From Income Tax Fund, One-time  (328,700)
1295  From Public Education Economic Stabilization
1296  Restricted Account  2,339,000
1297  Schedule of Programs:
1298  Statewide Online Education Program  (328,700)
1299    ITEM 23   To State Board of Education - State Board and Administrative Operations
1300  From Income Tax Fund  1,064,000
1301  From Public Education Economic Stabilization
1302  Restricted Account, One-time  1,000,000
1303  From School and Institutional Trust Fund Management
1304  Acct.  (167,100)
1305  From Trust Distribution Account  167,100
1306  Schedule of Programs:
1307  Financial Operations  1,064,000
1308  School Trust  167,100
1309  Board and Administration  832,900
1310  The Legislature intends that the State Board of
1311  Education use up to $1,000,000 one-time appropriated
1312  from the Public Education Economic Stabilization
1313  Restricted Account in FY 2027 to study education
1314  technology in the schools by conducting an inventory and
1315  needs assessment of the various software programs
1316  public schools use to support student learning, including
1317  programs contracted at the state and local levels for use
1318  in the public schools and intended use and outcomes of
1319  the various products. The Legislature further intends that
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 S.B. 2  Enrolled Copy
1320  the State Board of Education study the use of AI tools to
1321  provide students, teachers, and parents with continuous,
1322  real-time, identification of student educational outcomes
1323  and needs through existing state data systems, identify
1324  duplicative technologies and associated cost savings to
1325  the state and local education agencies through
1326  discontinuation, and report to the Public Education
1327  Appropriations Subcommittee by October 15, 2028.
1328     ITEM 24     To State Board of Education - Utah Fits All Scholarship Program
1329  From Income Tax Fund  49,600
1330  Schedule of Programs:
1331  Student Scholarships and Administration  49,600
1332     ITEM 25     To State Board of Education - Statewide Technology Contracts
1333  From Income Tax Fund  (8,831,400)
1334  From Income Tax Fund, One-time  (244,100)
1335  From Public Education Economic Stabilization
1336  Restricted Account, One-time  12,910,200
1337  Schedule of Programs:
1338  Computer Science Initiative  (244,100)
1339  Education Technology Management System  1,900,000
1340  Elementary Reading Assessment Software  (100,000)
1341  School Data Collection & Analysis  3,600,000
1342  Software Licenses for Early Literacy  (10,631,400)
1343  One-time Technology Contracts  9,310,200
1344  In accordance with Title 63G, Chapter 6b, the
1345  Legislature intends that the State Board of Education
1346  provide direct award grants totaling $1,400,000 in fiscal
1347  year 2027 to the direct award grant recipient, Scrible, for
1348  the Research, Writing, and Responsible AI Solution
1349  program.
1350  Subsection 14(b). Restricted Fund and Account Transfers
1351  The Legislature authorizes the State Division of Finance to transfer the following
1352     amounts between the following funds or accounts as indicated. Expenditures and outlays from
1353     the funds to which the money is transferred must be authorized by an appropriation.
                                                - 40 -
 Enrolled Copy  S.B. 2
1354    PUBLIC EDUCATION
1355    ITEM 26    To Income Tax Fund Restricted - Public Education Economic Stabilization
1356    Restricted Account
1357  From Uniform School Fund  (42,833,600)
1358  Schedule of Programs:
1359  Public Education Economic Stabilization
1360  Restricted Account  (42,833,600)
1361    ITEM 27    To Income Tax Fund Restricted - Utah Fits All Scholarship Program Restricted
1362    Account
1363  From Income Tax Fund  (49,600)
1364  Schedule of Programs:
1365  Utah Fits All Scholarship Program Restricted
1366  Account  (49,600)
1367  Subsection 14(c). Fiduciary Funds
1368  The Legislature has reviewed proposed revenues, expenditures, fund balances, and
1369    changes in fund balances for the following fiduciary funds.
1370    PUBLIC EDUCATION
1371    SCHOOL AND INSTITUTIONAL TRUST FUND OFFICE
1372    ITEM 28    To School and Institutional Trust Fund Office - School for the Blind Trust
1373  From Public Education Economic Stabilization
1374  Restricted Account, One-time  4,800,000
1375  Schedule of Programs:
1376  Permanent Fund - School for the Blind Trust  4,800,000
1377  Section 15. Effective Date.
1378    (1) Except as provided in Subsection (2), this bill takes effect July 1, 2026.
1379    (2) The actions affecting Section 13, FY 2026 Appropriations (Effective upon final
1380        passage) take effect:
1381        (a) except as provided in Subsection (2)(b), May 6, 2026; or
1382        (b) if approved by two-thirds of all members elected to each house:
1383  (i) upon approval by the governor;
1384  (ii) without the governor's signature, the day following the constitutional time limit of
1385  Utah Constitution, Article VII, Section 8; or
1386  (iii) in the case of a veto, the date of veto override.
                                                 - 41 -