53E-7-402. Special Needs Opportunity Scholarship Program.
(1)
There is established the Special Needs Opportunity Scholarship Program under which a parent may apply to a scholarship granting organization on behalf of the parent’s student for a scholarship to help cover the cost of a scholarship expense.
Terms Used In Utah Code 53E-7-402
Eligible student: means :
(a)
a student who:
(i)
is eligible to participate in public school, in kindergarten or grades 1 through 12;
(ii)
is a resident of the state;
(iii)
(A)
has an IEP; or
(B)
is determined by a multidisciplinary evaluation team to be eligible for services under 20 U. See Utah Code 53E-7-401
Family income: means the annual income of the parent, parents, legal guardian, or legal guardians with whom a scholarship student lives. See Utah Code 53E-7-401
Federal poverty level: means the poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register. See Utah Code 53E-7-401
IEP: means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U. See Utah Code 53E-1-102
Scholarship: means a grant awarded to an eligible student:
(a)
by a scholarship granting organization out of program donations; and
(b)
for the purpose of paying for a scholarship expense. See Utah Code 53E-7-401
Scholarship expense: means an expense that a parent or eligible student incurs in the education of the eligible student for goods or a service that a qualifying school provides or facilitates, including:
(a)
tuition and fees of a qualifying school;
(b)
fees and instructional materials at a technical college;
(c)
tutoring services;
(d)
fees for after-school or summer education programs;
(e)
textbooks, curricula, or other instructional materials, including any supplemental materials or associated online instruction that a curriculum or a qualifying school recommends;
(f)
educational software and applications;
(g)
supplies or other equipment related to an eligible student's educational needs;
(h)
computer hardware or other technological devices that are intended primarily for an eligible student's educational needs;
(i)
fees for the following examinations, or for a preparation course for the following examinations, that the scholarship granting organization approves:
(i)
a national norm-referenced or standardized assessment described in Section 53F-6-410, an advanced placement examination, or another similar assessment;
(ii)
a state-recognized industry certification examination; and
(iii)
an examination related to college or university admission;
(j)
educational services for students with disabilities from a licensed or accredited practitioner or provider, including occupational, behavioral, physical, audiology, or speech-language therapies;
(k)
contracted services that the scholarship granting organization approves and that an LEA provides, including individual classes, after-school tutoring services, transportation, or fees or costs associated with participation in extracurricular activities;
(l)
ride fees or fares for a fee-for-service transportation provider to transport the eligible student to and from a qualifying school, not to exceed $750 in a given school year;
(m)
expenses related to extracurricular activities, field trips, educational supplements, and other educational experiences; or
Scholarship granting organization: means an organization that is:
(a)
qualified as tax exempt under Section 501(c)(3), Internal Revenue Code; and
(b)
recognized through an agreement with the state board as a scholarship granting organization, as described in Section 53E-7-404. See Utah Code 53E-7-401
Value of the weighted pupil unit: means the amount established each year in the enacted public education budget that is multiplied by the number of weighted pupil units to yield the funding level for the basic state-supported school program. See Utah Code 53E-7-401
(2)
(a)
A scholarship granting organization shall award, in accordance with this part, scholarships to eligible students.
(b)
In awarding scholarships, a scholarship granting organization shall give priority to an eligible student described in Subsection 53E-7-401(1)(a) by:
(i)
establishing an August 10 deadline for an eligible student described in Subsection 53E-7-401(1)(b) to apply for a scholarship; and
(ii)
awarding a scholarship to an eligible student described in Subsection 53E-7-401(1)(b) only if funds exist after awarding scholarships to all eligible students described in Subsection 53E-7-401(1)(a) who have applied and qualify.
(c)
Subject to available funds, a scholarship awarded to an eligible student described in Subsection 53E-7-401(1)(b) shall be for a similar term as a scholarship awarded to the eligible student’s sibling.
(3)
A scholarship granting organization shall determine a full-year scholarship award to pay for the cost of one or more scholarship expenses in an amount not more than:
(a)
for an eligible student described in Subsection 53E-7-401(1)(a) who is:
(i)
in kindergarten through grade 12 and whose family income is:
(A)
at or below 185% of the federal poverty level, the value of the weighted pupil unit multiplied by 2.5; or
(B)
above 185% of the federal poverty level, the value of the weighted pupil unit multiplied by two; or
(b)
for an eligible student described in Subsection 53E-7-401(1)(b), half the value of the weighted pupil unit.
(4)
Eligibility for a scholarship as determined by a multidisciplinary evaluation team under this program does not establish eligibility for an IEP under the Individuals with Disabilities Education Act, Subchapter II, 20 U.S.C. Secs. 1400 to 1419, and is not binding on any LEA that is required to provide an IEP under the Individuals with Disabilities Education Act.
(5)
The scholarship granting organizations shall prepare and disseminate information on the program to a parent applying for a scholarship on behalf of a student.
Amended by Chapter 190, 2023 General Session Amended by Chapter 190, 2023 General Session, (Coordination Clause)
