(1) As used in this section, "Minimum School Program funds" means the total of state and local funds appropriated for the Minimum School Program, excluding: (a) an appropriation for a state guaranteed local levy increment as described in Section 53F-2-601; and (b) the appropriation to charter schools to replace local property tax revenues pursuant to Section 53F-2-704. (2) If the Legislature reduces appropriations made to support public schools under this chapter because an Income Tax Fund budget deficit, as defined in Section 63J-1-312, exists, the state board, after consultation with each LEA governing board, shall allocate the reduction among school districts and charter schools in proportion to each school district's or charter school's percentage share of Minimum School Program funds. (3) Except as provided in Subsection (5) and subject to the requirements of Subsection (7), an LEA governing board shall determine which programs are affected by a reduction pursuant to Subsection (2) and the amount each program is reduced. (4) Except as provided in Subsections (5) and (6), the requirement to spend a specified amount in any particular program is waived if reductions are made pursuant to Subsection (2). (5) An LEA governing board may not reduce or reallocate spending of funds distributed to the school district or charter school for the following programs: (a) educator salary adjustments provided in Section 53F-2-405; (b) the Salary Supplement for Highly Needed Educators Program provided in Section 53F-2-504; (c) the extended year for special educators provided in Section 53F-2-310; (d) the School LAND Trust Program described in Sections 53F-2-404 and 53G-7-1206; or (e) a special education program within the basic school program. (6) An LEA governing board may not reallocate spending of funds distributed to the school district or charter school to a reserve account. (7) An LEA governing board that reduces or reallocates funds in accordance with this section shall report all transfers into, or out of, Minimum School Program programs to the state board as part of the school district or charter school's Annual Financial and Program report.
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