LEA distribution -- School allocation -- Reporting. (1) (a) To receive an LEA distribution, an LEA governing board shall: (i) adopt an LEA governing board student success framework to provide guidelines and processes for a school within the LEA governing board's LEA to follow in developing a teacher and student success plan; and (ii) submit the adopted LEA governing board student success framework to the state board. (b) An LEA governing board may include in the LEA governing board's student success framework any means reasonably designed to improve school performance or student academic achievement, including: (i) school personnel stipends for taking on additional responsibility outside of a typical work assignment; (ii) professional learning; (iii) additional school employees, including counselors, social workers, mental health workers, tutors, media specialists, information technology specialists, or other specialists; (iv) technology; (v) before- or after-school programs; (vi) summer school programs; (vii) community support programs or partnerships; (viii) early childhood education; (ix) class size reduction strategies; (x) augmentation of existing programs; (xi) the pilot program described in Section 53G-7-1307; or (xii) other means. (c) An LEA governing board student success framework may not support the use of program money: (i) to supplant funding for existing public education programs; (ii) for district administration costs; or (iii) for capital expenditures. (2) (a) An LEA governing board shall use an LEA distribution as follows: (i) for increases to base salary and salary driven benefits for school personnel that, except as provided in Subsection (2)(c)(i), total 25% or less of the LEA distribution; and (ii) except as provided in Subsection (2)(b)(ii) and in accordance with Subsection (3), for each school within the LEA governing board's LEA, an allocation that is equal to the product of: (A) the percentage of the school's prior year average daily membership compared to the total prior year average daily membership for all schools in the LEA; and (B) the remaining amount of the LEA governing board's LEA distribution after subtracting the amounts described in Subsections (2)(a)(i) and (2)(b)(ii). (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules for an LEA governing board to calculate and distribute a school allocation for a school in the school's first year of operation. (ii) In accordance with Subsection (3) and the rules described in Subsection (2)(b)(i), an LEA governing board shall distribute a school allocation for a school in the school's first year of operation. (c) Except as provided in Subsection (2)(d), the LEA governing board of a school district may use up to 40% of an LEA distribution for the purposes described in Subsection (2)(a)(i), if: (i) the LEA governing board has: (A) approved a board local levy for the maximum amount allowed under Section 53F-8-302; or (B) after the LEA governing board has submitted an LEA governing board student success framework to the state board, increased the board local levy described in Section 53F-8-302 by at least .0001 per dollar of taxable value; and (ii) the school district's average teacher salary is below the state average teacher salary described in Subsection (2)(f). (d) The LEA governing board of a school district in a county of the fourth, fifth, or sixth class or the LEA governing board of a charter school may use up to 40% of an LEA distribution for the purposes described in Subsection (2)(a)(i), if the LEA's average teacher salary is below the state average teacher salary described in Subsection (2)(f). (e) An LEA governing board shall annually report information as requested by the state board for the state board to calculate a state average teacher salary. (f) The state board shall use the information described in Subsection (2)(c)(ii) to calculate a state average teacher salary amount and a state average teacher benefit amount. (3) An LEA governing board shall allocate a school allocation to a school with a teacher and student success plan that is approved as described in Section 53G-7-1305. (4) (a) Except as provided in Subsection (4)(b), a school shall use a school allocation to implement the school's success plan. (b) A school may use up to 5% of the school's school allocation to fund school personnel retention at the principal's discretion, not including uniform salary increases. (c) A school may not use a school allocation for: (i) capital expenditures; or (ii) a purpose that is not supported by the LEA governing board student success framework for the school's LEA. (5) A school that receives a school allocation shall annually: (a) submit to the school's LEA governing board a description of: (i) the budgeted and actual expenditures of the school's school allocation; (ii) how the expenditures relate to the school's success plan; and (iii) how the school measures the success of the school's participation in the program; and (b) post on the school's website: (i) the school's approved success plan; (ii) a description of the school's school allocation budgeted and actual expenditures and how the expenditures help the school accomplish the school's success plan; and (iii) the school's current level of performance, as described in Section 53G-7-1306, according to the indicators described in Section 53E-5-205 or 53E-5-206.
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