(1) As used in this section: (a) "Enrollment deficiency" means the difference between: (i) the initial enrollment of a new or expanding charter school; and (ii) in accordance with Section 53F-2-208, the estimated enrollment of a new or expanding charter school the state board used in developing the state appropriation for the applicable budget year for the new or expanding charter school. (b) "Initial enrollment" means the actual student enrollment count within a charter school's student information system following the completion of the regular registration process for the upcoming school year, but prior to the October 1 enrollment count of that school year. (2) The state board may provide an allocation to adjust funding for estimated enrollment to a new or expanding charter school if: (a) the charter school requests an adjustment from the state board; (b) the enrollment deficiency is more than 10%; and (c) in accordance with Section 53F-2-208, the initial budgetary estimates the state board used to develop the state appropriation for the new or expanding charter school did not include or underestimated the enrollment for the applicable budget year. (3) If the state board approves an allocation under Subsection (2), the state board may provide additional funding to cover costs until the completion of the fall enrollment counts and the mid- year or end of year updates to the estimated state funding distribution. (4) The state board may use unencumbered balances from the following programs, in priority order, to provide an allocation to a charter school under this section: (a) without the consent or approval of the State Charter School Board, balances remaining in the grants for charter school start-up costs under Section 53F-2-705; (b) from prior year ending balances, balances remaining in the charter school levy state guarantee under Section 53F-2-704; and (c) unrestricted balances in the basic school program. (5) The state board shall report actions the state board takes under this section to the Office of the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget.
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