Section 53F-2-312 - Appropriation for class size reduction(1) Money appropriated to the state board for class size reduction shall be used to reduce the average class size in kindergarten through grade 8 in the state's public schools.(2) A school district or charter school shall receive an allocation for class size reduction based on the school district or charter school's prior year average daily membership plus growth in kindergarten through grade 8 as determined under Section 53F-2-302 compared to the total prior year average daily membership plus growth in kindergarten through grade 8 statewide.(3)(a) An LEA governing board may use an allocation to reduce class size in any one or all of the grades referred to under this section, except as otherwise provided in Subsection (3)(b).(b)(i) An LEA governing board shall use 50% of an allocation to reduce class size in any one or all of grades kindergarten through grade 2, with an emphasis on improving student reading skills.(ii) If a school district's or charter school's average class size is below 18 students in kindergarten through grade 2, an LEA governing board may petition the state board for, and the state board may grant, a waiver of the requirement described in Subsection (3)(b)(i).(4) A school may use nontraditional innovative and creative methods to reduce class sizes with this appropriation and may use part of an allocation to focus on class size reduction for specific groups, such as at risk students, or for specific blocks of time during the school day.(5)(a) An LEA governing board may use up to 20% of an allocation under this section for capital facilities projects if such projects would help to reduce class size.(b) If a school district's or charter school's student population increases by at least 5% or at least 700 students from the previous school year, the LEA governing board may use up to 50% of an allocation received by the school district or charter school under this section for classroom construction.(6) This appropriation is to supplement any other appropriation made for class size reduction.(7) The Legislature shall provide for an annual adjustment in the appropriation authorized under this section in proportion to the increase in the number of students in the state in kindergarten through grade 8.Amended by Chapter 9, 2020SP6 General Session ,§ 3, eff. 8/31/2020.Amended by Chapter 186, 2019 General Session ,§ 190, eff. 5/14/2019.Amended by Chapter 300, 2018 General Session ,§ 1, eff. 5/8/2018.Amended by Chapter 456, 2018 General Session ,§ 11, eff. 5/8/2018, op. 1/1/2018.Amended by Chapter 208, 2018 General Session ,§ 1, eff. 5/8/2018.Renumbered from § 53A-17a-124.5 and amended by Chapter 2, 2018 General Session ,§ 25, eff. 1/24/2018.Amended by Chapter 173, 2017 General Session ,§ 17, eff. 5/9/2017.Amended by Chapter 188, 2016 General Session ,§ 2, eff. 5/10/2016.Amended by Chapter 299, 2013 General Session ,§ 1, eff. 5/14/2013.Amended by Chapter 3, 2010 General Session