(1) (a) For every budget year through the 2024-25 budget year, this section must be used to determine each district's total program. The district's total program is available to the district to fund the costs of providing public education, and, except as otherwise provided in section 22-54- 105, the district has the discretion to determine the amounts and purposes for budgeting and expending its total program money. (b) Notwithstanding subsection (1)(a) of this section to the contrary, if a district is an institute charter school's accounting district, then the total program determination pursuant to this section also represents the institute charter school's financial base of support, even though the institute charter school is not a school of the district. The amount of the district's state share of total program that is withheld from the district and paid to the state charter school institute pursuant to section 22-54-115 (1.3) is not available to or under the control of the district but is under the control of the institute charter school's governing board to fund the costs of providing public education to pupils enrolled in the institute charter school. The institute charter school has the discretion to determine the amounts and purposes for budgeting and expending its total program money. (c) (I) Notwithstanding any provision of law to the contrary, for the 2025-26 budget year through the 2029-30 budget year, the department of education shall calculate each district's total program pursuant to this section for the purpose of determining each district's total program pursuant to section 22-54-103.3. The district's total program is available to the district to fund the costs of providing public education, and, except as otherwise provided in section 22-54-105, the district has the discretion to determine the amounts and purposes for budgeting and expending its district total program money. (II) Notwithstanding subsection (1)(c)(I) of this section to the contrary, if a district is an institute charter school's accounting district, then the district total program calculation pursuant to this section also represents the institute charter school's financial base of support for public education, even though the institute charter school is not the district's school. The amount of the district's state share of total program that is withheld from the district and paid to the state charter school institute pursuant to section 22-54-115 (1.3) is not available to or under the control of the district but is available to and under the control of the institute charter school's governing board to fund the costs of providing public education to students enrolled in the institute charter school. The institute charter school has the discretion to determine the amounts and purposes for budgeting and expending its total program money. (2) (a) (I) to (III.7) Repealed. (III.8) (Deleted by amendment, L. 2002, p. 1734, § 3, effective June 7, 2002.) (IV) (Renumbered as paragraph (a.5) of this subsection (2).) (V) and (VI) Repealed. (VII) Except as otherwise provided in this subsection (2), subsection (6) of this section, or section 22-54-104.3, a district's total program for the 2003-04 budget year through the 2006- 07 budget year shall be the greater of the following: (A) (District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding + District online funding; or (B) Minimum per pupil funding x District funded pupil count. (VIII) Except as otherwise provided in this subsection (2), subsection (6) of this section, or section 22-54-104.3, a district's total program for the 2007-08 budget year and the 2008-09 budget year shall be the greater of the following: (A) (District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding + District online funding; or (B) (Minimum per pupil funding x (District funded pupil count - District online pupil enrollment)) + District online funding. (IX) Except as otherwise provided in this subsection (2), subsection (5)(g) of this section, or section 22-54-104.3, a district's total program for the 2009-10 budget year through the 2020-21 budget year is the greater of the following: (A) (District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding + District online funding + District extended high school funding; or (B) (Minimum per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District online funding + District extended high school funding. (X) Except as otherwise provided in this subsection (2) or section 22-54-104.3, a district's total program for the 2021-22 budget year and budget years thereafter is the greater of the following: (A) (District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding + District English language learner funding + District online funding + District extended high school funding + District rural funding; or (B) (Minimum per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District online funding + District extended high school funding + District rural funding. (a.5) Repealed. (b) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than four hundred fifty-nine, the district's total program is the lesser of: (I) The district's total program as calculated pursuant to paragraph (a) of this subsection (2); or (II) (A) For the 2009-10 budget year through the 2020-21 budget year, the district's total program as calculated by: Adding the amount determined by multiplying the district's per pupil funding by four hundred fifty-nine to the amount determined by multiplying 12% of the district's per pupil funding by the district's at-risk pupils; then dividing the sum of those two amounts by four hundred fifty-nine; then multiplying the resulting amount by the district's funded pupil count minus the district's online pupil enrollment; and then adding the district's online funding. (A.5) For the 2021-22 budget year and budget years thereafter, the district's total program as calculated by: Adding the amount determined by multiplying the district's per pupil funding by four hundred fifty-nine to the amount determined by multiplying 12% of the district's per pupil funding by the district's at-risk pupils and the amount determined by multiplying 8% of the district's per pupil funding by the district's English language learner pupils; then dividing the sum of those three amounts by four hundred fifty-nine; then multiplying the resulting amount by the district's funded pupil count minus the district's online pupil enrollment and minus the district's extended high school pupil enrollment; and then adding the district's online funding and adding the district's extended high school funding. (B) For purposes of subsections (2)(b)(II)(A) and (2)(b)(II)(A.5) of this section only, a district's per pupil funding is calculated by establishing the district's per pupil funding in accordance with subsection (3) of this section except using the size factor for a district with a funded pupil count of four hundred fifty-nine and not the district's actual size factor. (3) A district's per pupil funding shall be determined in accordance with the following formula: ((Statewide base per pupil funding x District personnel costs factor x District cost of living factor) + (Statewide base per pupil funding x District nonpersonnel costs factor)) x District size factor. (3.5) Minimum per pupil funding is: (a) For the 2003-04 budget year, $5,511; (b) For the 2004-05 budget year through the 2006-07 budget year, the dollar amount set forth in paragraph (a) of this subsection (3.5) increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in paragraph (a) of subsection (5) of this section, is increased over the statewide base per pupil funding for the 2003-04 budget year. Such amount shall be rounded to the nearest dollar. (c) For the 2007-08 budget year, an amount equal to ninety-four and three tenths percent of the minimum per pupil funding base; (d) (I) For the 2008-09 budget year and budget years thereafter, an amount equal to ninety-five percent of the minimum per pupil funding base. (II) (A) As used in this subsection (3.5), for the 2008-09 budget year, "minimum per pupil funding base" means the total of the calculation specified in sub-subparagraph (B) of this subparagraph (II) for all districts for the budget year divided by the statewide funded pupil count minus the statewide online pupil enrollment, for said budget year. (B) The following calculation shall be used for the purpose of determining the minimum per pupil funding base pursuant to this subparagraph (II): (District per pupil funding x (District funded pupil count - District online pupil enrollment)) + District at-risk funding. (III) (A) As used in this subsection (3.5), for the 2009-10 budget year through the 2020- 21 budget year, "minimum per pupil funding base" means the total of the calculation specified in subsection (3.5)(d)(III)(B) of this section for all districts for the budget year divided by the statewide funded pupil count minus the statewide online pupil enrollment and minus the statewide extended high school pupil enrollment, for said budget year. (B) The following calculation is used for the purpose of determining the minimum per pupil funding base pursuant to this subsection (3.5)(d)(III): (District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding. (IV) (A) As used in this subsection (3.5), for the 2021-22 budget year and budget years thereafter, "minimum per pupil funding base" means the total of the calculation specified in subsection (3.5)(d)(IV)(B) of this section for all districts for the budget year divided by the statewide funded pupil count minus the statewide online pupil enrollment and minus the statewide extended high school pupil enrollment, for the applicable budget year. (B) The following calculation is used to determine the minimum per pupil funding base pursuant to this subsection (3.5)(d)(IV): (District per pupil funding x (District funded pupil count - District online pupil enrollment - District extended high school pupil enrollment)) + District at-risk funding + District English language learner funding. (4) A district's at-risk funding shall be determined in accordance with one of the following formulas: (a) (I) If the district percentage of at-risk pupils is equal to or less than the statewide average percentage of at-risk pupils or the district's funded pupil count is equal to or less than four hundred fifty-nine, the formula shall be: (District per pupil funding x 12%) x District at-risk pupils. (II) Repealed. (b) (I) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than four hundred fifty-nine, the formula shall be: ((District per pupil funding x 12%) x (Statewide average percentage of at-risk pupils x District pupil enrollment)) + ((District per pupil funding x District at-risk factor) x (District at-risk pupils - (Statewide average percentage of at-risk pupils x District pupil enrollment))). (II) Repealed. (4.3) A district's English language learner funding for the 2021-22 budget year and budget years thereafter is determined in accordance with the following formula: (District per pupil funding x 8%) x English language learner pupils. (4.5) A district's online funding shall be determined in accordance with the following formulas: (a) Repealed. (b) For the 2003-04 budget year through the 2006-07 budget year, the formula shall be: (Minimum per pupil funding x District online pupil enrollment). (c) (I) For the 2007-08 budget year and budget years thereafter, a district's online funding shall be: (District online pupil enrollment x $6,135). (II) Subject to the provisions of subparagraph (III) of this paragraph (c), for the 2008-09 budget year and budget years thereafter, the dollar amount set forth in subparagraph (I) of this paragraph (c) shall be increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in paragraph (a) of subsection (5) of this section, is increased over the statewide base per pupil funding for the 2007-08 budget year, as specified in subparagraph (XIV) of paragraph (a) of subsection (5) of this section. Such amount shall be rounded to the nearest dollar. (III) In any budget year in which the provisions of subsection (5)(g) of this section apply, the department of education shall calculate a district's reduction amount for online funding by multiplying the budget stabilization factor calculated for the applicable budget year pursuant to subsection (5)(g)(II)(A) of this section by the district's online funding calculated pursuant to subsection (4.5)(c)(II) of this section for the applicable budget year. A district's online funding for the applicable budget year shall be the greater of: (A) The district's online funding amount calculated for the applicable budget year pursuant to subparagraph (II) of this paragraph (c) minus the district's reduction amount calculated for the applicable budget year pursuant to this subparagraph (III) for online funding; or (B) An amount equal to the base per pupil funding amount specified in paragraph (a) of subsection (5) of this section for the applicable budget year multiplied by the district's online pupil enrollment for the applicable budget year. (4.7) (a) For the 2024-25 budget year and budget years thereafter, a district's extended high school funding shall be determined in accordance with the following formula: (District extended high school pupil enrollment x $6,135, or an amount determined pursuant to subsection (4)(d) of this section). (b) (I) For the 2010-11 budget year and budget years thereafter through the 2023-24 budget year, the dollar amount set forth in subsection (4.7)(a) of this section must be increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in subsection (5)(a) of this section, is increased over the statewide base per pupil funding for the 2007-08 budget year, as specified in subsection (5)(a)(XIV) of this section. The amount must be rounded to the nearest dollar. (II) This subsection (4.7)(b) is repealed, effective July 1, 2026. (c) Repealed. (d) For the 2024-25 budget year and each budget year thereafter, the dollar amount set forth in subsection (4.7)(a) of this section must be increased by the percentage by which the statewide base per pupil funding for that budget year, as specified in subsection (5)(a) of this section, is increased over the statewide base per pupil funding for the 2007-08 budget year, as specified in subsection (5)(a)(XIV) of this section; except that the dollar amount that is multiplied by the number of full-time equivalent students included in the district's extended high school pupil enrollment who are the district's ASCENT program participants must not increase or exceed the dollar amount during the 2023-24 budget year. The amount must be rounded to the nearest dollar. (4.9) (a) For the 2024-25 budget year and budget years thereafter, a district's district rural funding, if a district is eligible, is determined in accordance with the following formulas: (I) For a small rural district, district rural funding is the greater of: (A) (District funded pupil count x $470.75); or (B) One hundred thousand dollars; or (II) For a large rural district, district rural funding is the greater of: (A) (District funded pupil count x $177.80); or (B) One hundred thousand dollars. (b) For the 2025-26 budget year and budget years thereafter, the dollar amounts set forth in subsection (4.9)(a) of this section are annually increased by the rate of inflation, as defined in section 22-55-102. (5) For purposes of the formulas used in this section: (a) (I) to (XII) Repealed. (XIII) For the 2006-07 budget year, the statewide base per pupil funding shall be $4,863.87, which is an amount equal to $4,717.62 supplemented by $146.25 to account for inflation plus an additional one percentage point. (XIV) For the 2007-08 budget year, the statewide base per pupil funding shall be $5,087.61, which is an amount equal to $4,863.87 supplemented by $223.74 to account for inflation plus an additional one percentage point. (XV) For the 2008-09 budget year, the statewide base per pupil funding shall be $5,250.41, which is an amount equal to $5,087.61 supplemented by $162.80 to account for inflation plus an additional one percentage point. (XVI) For the 2009-10 budget year, the statewide base per pupil funding shall be $5,507.68, which is an amount equal to $5,250.41 supplemented by $257.27 to account for inflation plus an additional one percentage point. (XVII) For the 2010-11 budget year, the statewide base per pupil funding shall be $5,529.71, which is an amount equal to $5,507.68 supplemented by $22.03, to account for inflation plus an additional one percentage point. (XVIII) For the 2011-12 budget year, the statewide base per pupil funding shall be $5,634.77, which is an amount equal to $5,529.71 supplemented by $105.06 to account for inflation. (XIX) For the 2012-13 budget year, the statewide base per pupil funding is $5,843.26, which is an amount equal to $5,634.77 supplemented by $208.49 to account for inflation. (XX) For the 2013-14 budget year, the statewide base per pupil funding is $5,954.28, which is an amount equal to $5,843.26, supplemented by $111.02 to account for inflation. (XXI) For the 2014-15 budget year, the statewide base per pupil funding is $6,121, which is an amount equal to $5,954.28, supplemented by $166.72 to account for inflation. (XXII) For the 2015-16 budget year, the statewide base per pupil funding is $6,292.39, which is an amount equal to $6,121, supplemented by $171.39 to account for inflation. (XXIII) For the 2016-17 budget year, the statewide base per pupil funding is $6,367.90, which is an amount equal to $6,292.39, supplemented by $75.51 to account for inflation. (XXIV) For the 2017-18 budget year, the statewide base per pupil funding is $6,546.20, which is an amount equal to $6,367.90, supplemented by $178.30 to account for inflation. (XXV) For the 2018-19 budget year, the statewide base per pupil funding is $6,768.77, which is an amount equal to $6,546.20, supplemented by $222.57 to account for inflation. (XXVI) For the 2019-20 budget year, the statewide base per pupil funding is $6,951.53, which is an amount equal to $6,768.77, supplemented by $182.76 to account for inflation. (XXVII) For the 2020-21 budget year, the statewide base per pupil funding is $7,083.61, which is an amount equal to $6,951.53, supplemented by $132.08 to account for inflation. (XXVIII) For the 2021-22 budget year, the statewide base per pupil funding is $7,225.28, which is an amount equal to $7,083.61, supplemented by $141.67 to account for inflation. (XXIX) For the 2022-23 budget year, the statewide base per pupil funding is $7,478.16, which is an amount equal to $7,225.28, supplemented by $252.88 to account for inflation. (XXX) For the 2023-24 budget year, the statewide base per pupil funding is $8,076.41, which is an amount equal to $7,478.16, supplemented by $598.25 to account for inflation. (XXXI) For the 2024-25 budget year, the statewide base per pupil funding is $8,496.38, which is an amount equal to $8,076.41, supplemented by $419.97 to account for inflation. (b) (I) to (I.4) Repealed. (I.5) A district's size factor for the 2003-04 budget year and budget years thereafter shall be determined in accordance with the following formula: If the district's fundedThe district's pupil count is:size factor shall be: Less than 2761.5457 + (0.00376159 x the difference between the funded pupil count and 276) 276 or more but less than 4591.2385 + (0.00167869 x the difference between the funded pupil count and 459) 459 or more but less than 1,0271.1215 + (0.00020599 x the difference between the funded pupil count and 1,027) 1,027 or more but less than 2,2931.0533 + (0.00005387 x the difference between the funded pupil count and 2,293) 2,293 or more but less than 3,5001.0368 + (0.00001367 x the difference between the funded pupil count and 3,500) 3,500 or more but less than 5,0001.0297 + (0.00000473 x the difference between the funded pupil count and 5,000) 5,000 or more1.0297 (II) (A) Except as otherwise allowed for qualified school districts pursuant to sub- subparagraph (B) of this subparagraph (II), as it existed prior to July 1, 2001, if the reorganization of any district or districts results in any district involved in the reorganization having a higher size factor than the original district or districts had for the budget year immediately preceding reorganization, the districts involved in the reorganization shall be allowed, for each budget year, the size factor the original district had prior to the reorganization or, if two or more districts reorganize into a single district, the size factor of the original district with the lowest size factor for the budget year immediately preceding reorganization. Except as otherwise allowed for qualified school districts pursuant to sub-subparagraph (B) of this subparagraph (II), as it existed prior to July 1, 2001, no district involved in the reorganization shall, for any budget year, be allowed the size factor that would otherwise be provided by this paragraph (b). (B) Repealed. (III) If the reorganization of any district or districts results in any district involved in the reorganization having a lower size factor than the original district or districts had for the budget year immediately preceding reorganization, the new district or districts shall be allowed a size factor determined as follows: (A) For the first budget year following reorganization, the size factor of the original district for the budget year immediately preceding reorganization or, if two or more districts are involved in the reorganization, the weighted average size factor of the original districts for the budget year immediately preceding reorganization. For purposes of this sub-subparagraph (A), the weighted average size factor shall be the sum of the amounts calculated by multiplying the funded pupil counts of the original districts by the size factor of the original districts and dividing that sum by the total funded pupil count of the original districts. (B) For the second budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-fifth of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b); (C) For the third budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-fourth of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b); (D) For the fourth budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-third of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b); (E) For the fifth budget year following reorganization, the size factor for the prior budget year minus an amount equal to one-half of the difference between the size factor for the prior budget year and the size factor determined pursuant to subparagraph (I) of this paragraph (b); (F) For the sixth budget year following reorganization and budget years thereafter, the size factor determined pursuant to subparagraph (I) of this paragraph (b). (IV) The funded pupil count used to calculate a district's size factor pursuant to this subsection (5)(b) is the funded pupil count reduced by sixty-five percent of the number of pupils included in the funded pupil count that are enrolled in charter schools in the district; except that this subsection (5)(b)(IV) only applies to those districts with a funded pupil count of five hundred or fewer. (c) (I) The cost of living factor allowed for each district pursuant to this paragraph (c) reflects the differences in the costs of housing, goods, and services among regions in which districts are located. Such factor does not reflect any annual increase in the costs of housing, goods, and services caused by inflation. (II) (A) and (B) Repealed. (B.1) Except as provided in subparagraph (IV) of this paragraph (c), for the 2000-01 budget year and budget years thereafter through the 2013-14 budget year, a district's cost of living factor is the district's cost of living factor for the prior budget year, but, if the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study is greater than the percent increase in the income level used in the cost of living study, a district's cost of living factor is determined by dividing the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study by the percent increase in the income level used in the cost of living study, dividing said amount by one thousand and rounding to the nearest one-thousandth of one percent, and adding the result obtained to the district's cost of living factor for the prior budget year. (C) For purposes of this subparagraph (II) and subparagraph (II.5) of this paragraph (c), a district's cost of living amount refers to the values as adjusted for district labor pool areas. (II.5) Except as provided in subparagraph (IV) of this paragraph (c), for the 2014-15 budget year and budget years thereafter, a district's cost of living factor is the district's cost of living factor for the prior budget year; except that: (A) If the percent increase in the income level used in the cost of living study is one percent or less and if the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study is greater than one percent, a district's cost of living factor is determined by dividing the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study by one percent, dividing said amount by one thousand and rounding to the nearest thousandth of one percent and adding the result obtained to the district's cost of living factor for the prior budget year; or (B) If the percent increase in the income level used in the cost of living study is more than one percent and if the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study is greater than the percent increase in the income level used in the cost of living study, a district's cost of living factor is determined by dividing the percentage change in the district's cost of living amount from the previous cost of living study to the current cost of living study by the percent increase in the income level used in the cost of living study, dividing said amount by one thousand and rounding to the nearest thousandth of one percent and adding the result obtained to the district's cost of living factor for the prior budget year. (III) (A) Based upon the cost of living analysis conducted pursuant to the SB 93-87 setting category study, the staff of the legislative council shall certify the cost of living factor for each district to the department of education no later than ten days following April 27, 1994. Such cost of living factors shall be effective for the 1994-95 budget year and the budget year thereafter. The cost of living factor for each district shall be certified to the department by the staff of the legislative council for each two-year period thereafter based upon a new cost of living analysis. The certification shall be made no later than April 15 of the applicable year and shall be effective for the budget year beginning on July 1 of such year and the budget year thereafter. If the income level used in a cost of living analysis does not increase above the income level used in the previous cost of living analysis, the cost of living factor for each district remains the same as the cost of living factor derived from the previous cost of living analysis. (B) For the 2003-04 budget year and each budget year thereafter in which a new cost of living analysis is required pursuant to sub-subparagraph (A) of this subparagraph (III), the department of education shall transfer a portion of the total amount appropriated by the general assembly in the annual general appropriation bill for that budget year for assistance to public schools, public school finance, state share of districts' total program funding to the legislative council to fund the cost of living analysis required by sub-subparagraph (A) of this subparagraph (III). The amount transferred by the department shall not exceed the maximum amount specified in a footnote related to this appropriation in the annual general appropriation bill for that budget year. The remainder of the amount appropriated for assistance to public schools, public school finance, state share of districts' total program funding shall be distributed to school districts in the manner provided in section 22-54-106 (4)(c). (IV) (A) The department of education shall promulgate rules and regulations for the assignment of a cost of living factor to any new district organized pursuant to article 30 of this title, except for new districts that are created as the result of a deconsolidation as described in section 22-30-102 (2)(a), until the cost of living factor for such district is certified by the staff of the legislative council pursuant to subparagraph (III) of this paragraph (c). (B) The rules and regulations promulgated pursuant to this subparagraph (IV) shall be designed to provide neither an incentive nor a disincentive to the organization of new districts pursuant to article 30 of this title and shall include provisions to ensure that the cost of living factor within a new district is not reduced solely because the new district is the result of a consolidation of existing districts. Such rules and regulations shall consider the cost of living factors assigned to the districts that are affected by the organization of the new district and the circumstances of the new district based on the most recent cost of living analysis performed by the legislative council. (C) New districts that are created as the result of a deconsolidation as described in section 22-30-102 (2)(a) shall retain the cost of living factor of the district from which they were separated until the cost of living factor for the new district is certified by the staff of the legislative council pursuant to subparagraph (III) of this paragraph (c). (d) A district's personnel costs factor for the 1994-95 budget year and budget years thereafter shall be determined in accordance with the following formula: If the district's fundedThe district's pupil count is:personnel costs factor shall be: Less than 453.50.8250 - (0.0000639 x the difference between the funded pupil count and 453.5) 453.5 or more but less than 1,567.50.8595 - (0.0000310 x the difference between the funded pupil count and 1,567.5) 1,567.5 or more but less than 6,6820.8850 - (0.0000050 x the difference between the funded pupil count and 6,682) 6,682 or more but less than 30,0000.9050 - (0.0000009 x the difference between the funded pupil count and 30,000) 30,000 or more0.9050 (e) A district's nonpersonnel costs factor for the 1994-95 budget year and budget years thereafter shall be the difference between 1.00 and the district's personnel costs factor. (f) (I) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than four hundred fifty-nine but not in excess of fifty thousand, the district's at-risk factor shall be 12% plus a 0.30 percentage point for each percentage point that the district percentage of at-risk pupils exceeds the statewide average percentage of at-risk pupils; except that no district's at-risk factor shall exceed 30%. (II) If the district percentage of at-risk pupils is greater than the statewide average percentage of at-risk pupils and the district's funded pupil count is greater than fifty thousand, the district's at-risk factor shall be 12% plus a 0.36 percentage point for each percentage point that the district percentage of at-risk pupils exceeds the statewide average percentage of at-risk pupils; except that no district's at-risk factor shall exceed 30%. (g) Repealed. (5.5) For the 2024-25 budget year, and each budget year thereafter, the department of education and the staff of the legislative council shall determine, based on budget projections, the amount to ensure that, for the 2024-25 budget year, the sum of total program funding for all districts, including funding for institute charter schools, is not less than nine billion seven hundred thirty-five million seven hundred sixty-seven thousand four hundred twenty-nine dollars ($9,735,767,429); except that the department of education and the staff of the legislative council shall make mid-year revisions to replace projections with actual figures, including, but not limited to, actual pupil enrollment, assessed valuations, and specific ownership tax revenue from the prior year, to determine any necessary changes in the amount of the reduction to maintain total program funding for the applicable budget year that is consistent with this subsection (5.5). (6) (a) and (b) Repealed. (c) The definitions contained in section 22-54-104.3 shall be applicable to this subsection (6). (7) (a) For purposes of this section, "funded pupil count" means the district's online pupil enrollment for the applicable budget year plus the district's supplemental kindergarten enrollment for the applicable budget year plus the district's extended high school pupil enrollment for the applicable budget year plus the greater of: (I) The district's pupil enrollment for the applicable budget year; (II) The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the immediately preceding budget year; (III) The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the two immediately preceding budget years; (IV) The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the three immediately preceding budget years; or (V) The average of the district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the four immediately preceding budget years. (b) Notwithstanding any provision of law to the contrary, for purposes of subsection (7)(a) of this section, a district's funded pupil count includes the certified pupil enrollment and online pupil enrollment of each operating institute charter school for which the district is the accounting district, as provided pursuant to subsections (7)(c) and (7)(d) of this section. The department of education shall add the institute charter school's certified pupil enrollment and online pupil enrollment to the funded pupil count of the district prior to calculating the district's total program pursuant to this section. (c) For purposes of subsection (7)(b) of this section, each operating institute charter school's certified pupil enrollment is the greater of: (I) The operating institute charter school's pupil enrollment for the applicable budget year; (II) The average of the operating institute charter school's pupil enrollment for the applicable budget year and the operating institute charter school's pupil enrollment for the immediately preceding budget year; (III) The average of the operating institute charter school's pupil enrollment for the applicable budget year and the operating institute charter school's pupil enrollment for the two immediately preceding budget years; (IV) The average of the operating institute charter school's pupil enrollment for the applicable budget year and the operating institute charter school's pupil enrollment for the three immediately preceding budget years; or (V) The average of the operating institute charter school's pupil enrollment for the applicable budget year and the operating institute charter school's pupil enrollment for the four immediately preceding budget years. (d) Notwithstanding any provision of law to the contrary, for purposes of subsection (7)(c) of this section, an operating institute charter school's pupil enrollment includes its online pupil enrollment, except for multi-district online school pupil enrollment. (e) The general assembly finds and declares that for the purposes of section 17 of article IX of the state constitution, averaging a district's pupil enrollment for the applicable budget year and the district's pupil enrollment for the four immediately preceding budget years pursuant to this subsection (7), and averaging an operating institute charter school's pupil enrollment and online pupil enrollment pursuant to this subsection (7), is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution. (f) Notwithstanding any provision of law to the contrary, for the purposes of this subsection (7), a district's pupil enrollment for the applicable budget year and a district's pupil enrollment for any preceding budget year do not include a pupil who is or was enrolled in a charter school that was originally authorized by the district but was subsequently converted, on or after July 1, 2010, to an institute charter school or to a charter school of a district contiguous to the originally authorizing district. (g) Notwithstanding any provision of this subsection (7) to the contrary, for the purposes of this subsection (7), if a district's funded pupil count calculated pursuant to this subsection (7) for a budget year is fewer than fifty pupils, the district's funded pupil count for the budget year is fifty pupils. (h) Solely for the purpose of averaging pupil enrollment pursuant to subsection (7)(a) of this section for a district that operates a full-day kindergarten educational program, the department of education shall adjust the district's pupil enrollments for the 2018-19, 2017-18, 2016-17, and 2015-16 budget years by counting each pupil enrolled in a full-day kindergarten educational program in one of those budget years as a full-time student. The adjustment to pupil enrollment made pursuant to this subsection (7)(h) does not affect or change the funded pupil count used to calculate a district's fiscal year spending limitation pursuant to section 20 of article X of the state constitution for a budget year commencing before July 1, 2019. (8) This section is repealed, effective July 1, 2031.
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