Utah State Board approves staff legislative requests, names WPU top funding priority; several code changes advanced

The Utah State Board of Education on Oct. 15 approved most staff-led legislative requests, moved a package of statutory changes to legislators, and placed a 2% increase to the Weighted Pupil Unit (WPU) above the routine inflationary adjustment as its top funding priority for the 2026 session.

Deputy Superintendent Elise Nui told the board the board is in the legislative-preparation phase and that staff had grouped proposals into funding requests, statutory requests and feedback on legislator drafts. She said staff brought a mix of technical corrections and substantive changes, including fixes to conflicting reintegration-plan citations, clarifications to pupil-transportation calculations, and several school-discipline and school-based mental-health clarifications.

The board approved most staff requests after a series of votes and divisions: it split out the interstate school psychologist compact and several other items for separate consideration, and ultimately voted to forward the remaining staff requests to legislators. The board also approved a set of funding requests and an internal re‑packaging of several critical USBE FTE requests into a single prioritized ask.

Board members debated and voted on multiple discrete statutory and funding items during the session. Member Kelly successfully moved that USBE work with the legislature to ensure federal Title funds continue to serve intended students and to direct staff to work with a legislator on a revenue-neutral plan; that motion was amended on the floor and passed unanimously with one member absent.

Member Carrie’s motion to ask legislators to remove language permitting use of driver‑education funds for pupil transportation and other broad education expenditures in 53F‑7‑201 also passed unanimously, after members said the change would preserve driver-education funding for waivers, equipment and student testing needs.

Board debate included a contested amendment to the assessment‑opt‑out code. Member Christine Boggess moved to add a computer-adaptive assessment and a locally administered “in lieu of” assessment to the list of assessments parents may opt out of (code cited in discussion as 53G‑6‑803 and related subsections). Boggess said the change would “honor parental rights.” Opponents said the amendment could limit teachers’ ability to use adaptive assessments that provide rapid instructional feedback. The board passed that amendment 8–6; members Lear, Reel, Booth, Wood, Bollinger and Himas voted no.

Licensure for CTE teachers and charter-school leadership drew extended debate. A motion to direct staff to work with a legislator to require licenses for all CTE teachers and for charter leadership failed, 11–2; members Green and Boggess supported the requirement and other members said the change could hamper recent efforts (such as Catalyst) to bring industry experts into classrooms under limited pathways.

On special education funding, Vice Chair Sher Bollinger moved that USBE seek code changes to the WPU distribution for students with disabilities; the board approved that request 14–1. The board then considered its overall funding priorities and voted to add a WPU increase of 2% above the inflationary adjustment to its list of funding requests and to make that its number‑one priority. Staff estimated each 1% increase in the WPU is roughly $50 million; a 4% increase would approximate $200 million in ongoing funding, figures board staff provided as context.

Other enacted requests included repeal of a statutory requirement that forced all parent complaints against educators to be reported to UPAC (53E‑6‑604(6) as cited at the meeting); the board voted to ask legislators to repeal that subsection, restoring discretion to set reporting parameters in board rule. That repeal motion passed with 12 votes in favor and three abstentions.

Finally, the board consolidated several internal staffing (FTE) requests into one “USBE critical FTEs” funding request and placed it at number five on the funding list. Chief Audit Executive Debbie Davis told the board that when FTE requests are combined the issue of internal prioritization must still be clear to legislators.

Votes at a glance

- USBE to work with legislature to preserve federal Title allocations and to direct staff to work with a legislator on a revenue‑neutral plan (mover: Member Kelly). Outcome: Passes (unanimous, 1 absent).

- Remove statutory language permitting driver‑education funds to be used for pupil transportation and “other expenditures” (53F‑7‑201) (mover: Member Carrie). Outcome: Passes (unanimous, 1 absent).

- Repeal early-learning plan and mathematics plan requirements in code; direct the superintendent to work with legislators (mover: Vice Chair Sher Bollinger). Outcome: Passes (unanimous, 2 absent).

- Amend assessment opt‑out statute to add: (4) computer adaptive assessment; (5) an assessment an LEA or school administers in lieu of a listed assessment (mover: Member Christine Boggess). Outcome: Passes 8–6 (no: Lear, Reel, Booth, Wood, Bollinger, Himas).

- Direct staff to work with a legislator to require licenses for all CTE teachers and for charter leadership (mover: Member Boggess). Outcome: Fails 11–2 (yes: Green, Boggess).

- Request to amend WPU distribution for students with disabilities (mover: Vice Chair Sher Bollinger). Outcome: Passes 14–1 (no: Matt Hymas).

- Repeal statutory subsec. requiring notification of all parent complaints to UPAC (53E‑6‑604(6)) (mover: Member Boggess). Outcome: Passes 12 in favor, 3 abstentions (Carrie, Davis, Earl).

- Permit USBE discretion in distributing stipend funds for special‑education additional days (53F‑2‑310) (mover: Member Boggess). Outcome: Passes (8 in favor, 1 abstention, 6 opposed; abstention: Member Carrie).

- Combine USBE critical FTE requests into one package and prioritize it on the funding list at No. 5 (mover: Member Earl). Outcome: Passes 11–4 (no: Brenton, Green, Wood, Boggess).

- Add a WPU increase request of 2% above the inflationary adjustment and make it the board’s No. 1 funding priority. Outcome: Passes 13–1 (no: Boggess), 1 absent.

Why it matters

The WPU is the primary mechanism for distributing general education funding to LEAs; the board’s decision to prioritize an ongoing 2% increase above inflation signals a statewide push to give districts and charter schools more flexible, ongoing operating capacity. The statutory changes the board advanced include technical code fixes (e.g., reintegration‑plan citations and pupil‑transportation language) and more substantive proposals that affect local funding and accountability (driver‑education language, parent‑complaint reporting to UPAC, and assessment‑opt‑out language).

What’s next

Staff will work with legislative sponsors to draft bill language and with the governor’s office and legislators as the 2026 session approaches. Several items were specifically divided out of the package for additional work (including the interstate school‑psychologist compact); those items will return to the board or be handled separately with identified sponsors.

Board members repeatedly emphasized they were forwarding staff requests to get legislative conversations started, not to lock in final statutory text. Deputy Superintendent Elise Nui said staff will brief legislators and develop draft language where needed.

Ending note

The board’s actions set the policy and funding priorities that the USBE will present to the governor’s office and to legislative committees this fall. Members said they expect some items to be negotiated, amended or removed during the session and urged staff to identify sponsors and to provide detailed fiscal analyses when drafting bills.