53E-7-403.  Qualifying school requirements.

(1)  A qualifying school shall:

Terms Used In Utah Code 53E-7-403

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • program: means the program established in Section 53E-7-402. See Utah Code 53E-7-401
  • Qualifying school: means a private school that:
(a) provides kindergarten, elementary, or secondary education;
(b) is approved by the state board under Section 53E-7-408; and
(c) meets the requirements described in Section 53E-7-403. See Utah Code 53E-7-401
  • 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 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
  • 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
  • State board: means the State Board of Education. See Utah Code 53E-1-102
  • (a)  notify a scholarship granting organization of the qualifying school’s intention to participate in the program;

    (b)  submit evidence to the scholarship granting organization that the qualifying school has been approved by the state board under Section 53E-7-408; and

    (c)  submit a signed affidavit to the scholarship granting organization that the qualifying school will comply with the requirements of this part.
  • (2)  A qualifying school shall comply with 42 U.S.C. § 1981, and meet state and local health and safety laws and codes.

    (3)  Before the beginning of the school year immediately following a school year in which a qualifying school receives scholarship money equal to or more than $100,000, the qualifying school shall file with a scholarship granting organization that allocates scholarship money to the qualifying school:

    (a)  a surety bond payable to the scholarship granting organization in an amount equal to the aggregate amount of scholarship money expected to be received during the school year; or

    (b)  financial information that demonstrates the financial viability of the qualifying school, as required by the scholarship granting organization.

    (4)  If a scholarship granting organization determines that a qualifying school has violated a provision of this part, the scholarship granting organization may interrupt disbursement of or withhold scholarship money from the qualifying school.

    (5) 

    (a)  If the state board determines that a qualifying school no longer meets the eligibility requirements described in Section 53E-7-408, the state board may withdraw the state board’s approval of the school.

    (b)  A private school that does not have the state board’s approval under Section 53E-7-408 may not accept scholarship money under this part.

    (6)  A qualifying school shall, when administering an annual assessment required under Section 53E-7-408, ensure that the qualifying school uses a norm-referenced assessment.

    Enacted by Chapter 3, 2020 Special Session 4