Effective 7/1/2023
53F-2-209. Limited LEA budgetary flexibility.
| (1) |
Notwithstanding any other provision of the Utah Code:
Terms Used In Utah Code 53F-2-209 v2- Land: includes :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
| (a) |
except as provided in Subsection (1)(b), an LEA may:
| (i) |
use up to 35% of the LEA’s state restricted funding for each formula-based program to flexibly and without restriction respond to changing circumstances and student needs; |
| (ii) |
transfer fund balances between funds as necessary to flexibly expend funds as described in Subsection (1)(a)(i); and |
|
| (b) |
an LEA may not:
| (i) |
transfer funds under Subsection (1)(a)(i) related to the school LAND Trust Program, established in Section 53G-7-1206, or a qualified grant program; or |
| (ii) |
expend the transferred funds for capital projects or improvements. |
|
|
| (3) |
| (a) |
Nothing in this section authorizes an LEA to violate federal law or federal restrictions on the LEA’s funds. |
| (b) |
An LEA that takes an action that this section authorizes shall ensure that the LEA continues to meet federal maintenance of effort requirements. |
|
Amended by Chapter 467, 2023 General Session
