(1) To be eligible to receive scholarship funds on behalf of a scholarship student as an eligible school, a private school with 150 or more enrolled students shall:

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Terms Used In Utah Code 53F-6-408

  • Contract: A legal written agreement that becomes binding when signed.
  • Home-based scholarship student: means a student who:
              (3)(a)(i) is eligible to participate in public school, in kindergarten or grades 1 through 12;
              (3)(a)(ii) is excused from enrollment in an LEA in accordance with Section 53G-6-204 to attend a home school; and
              (3)(a)(iii) receives a benefit of scholarship funds. See Utah Code 53F-6-401
  • Parent: means :
         (4)(a) the same as that term is defined in Section 53E-1-102; and
         (4)(b) a foster parent who has initiated a process to adopt the foster child. See Utah Code 53F-6-401 v2
  • program: means the scholarship program established in Section 53F-6-402. See Utah Code 53F-6-401
  • Program manager: means an organization that:
         (4)(a) is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code;
         (4)(b) is not affiliated with any international organization;
         (4)(c) does not harvest data for the purpose of reproducing or distributing the data to other entities;
         (4)(d) has no involvement in guiding or directing any curriculum or curriculum standards;
         (4)(e) does not manage or otherwise administer a scholarship under:
              (4)(e)(i) the Carson Smith Scholarship Program established in Section 53F-4-302; or
              (4)(e)(ii) the Carson Smith Opportunity Scholarship Program established in Section 53E-7-402; and
         (4)(f) an agreement with the state board recognizes as a program manager, in accordance with this part. See Utah Code 53F-6-401
  • Qualifying provider: means one of the following entities that is not a public school and is autonomous and not an agent of the state, in accordance with Section 53F-6-406:
         (7)(a) an eligible school that the program manager approves in accordance with Section 53F-6-408; or
         (7)(b) an eligible service provider that the program manager approves in accordance with Section 53F-6-409. See Utah Code 53F-6-401
  • Scholarship account: means the account to which a program manager allocates funds for the payment of approved scholarship expenses in accordance with this part. See Utah Code 53F-6-401
  • Scholarship expense: means an expense described in Section 53F-6-402 that a parent or scholarship student incurs in the education of the scholarship student for a service or goods that a qualifying provider provides, including:
         (10)(a) tuition and fees of a qualifying provider;
         (10)(b) fees and instructional materials at a technical college;
         (10)(c) tutoring services;
         (10)(d) fees for after-school or summer education programs;
         (10)(e) textbooks, curricula, or other instructional materials, including any supplemental materials or associated online instruction that a curriculum or a qualifying provider recommends;
         (10)(f) educational software and applications;
         (10)(g) supplies or other equipment related to a scholarship student's educational needs;
         (10)(h) computer hardware or other technological devices that are intended primarily for a scholarship student's educational needs;
         (10)(i) fees for the following examinations, or for a preparation course for the following examinations, that the program manager approves:
              (10)(i)(i) a national norm-referenced or standardized assessment described in Section 53F-6-410, an advanced placement examination, or another similar assessment;
              (10)(i)(ii) a state-recognized industry certification examination; and
              (10)(i)(iii) an examination related to college or university admission;
         (10)(j) educational services for students with disabilities from a licensed or accredited practitioner or provider, including occupational, behavioral, physical, audiology, or speech-language therapies;
         (10)(k) contracted services that the program manager approves and that an LEA provides, including individual classes, after-school tutoring services, transportation, or fees or costs associated with participation in extracurricular activities;
         (10)(l) ride fees or fares for a fee-for-service transportation provider to transport the scholarship student to and from a qualifying provider, not to exceed $750 in a given school year;
         (10)(m) expenses related to extracurricular activities, field trips, educational supplements, and other educational experiences; or
         (10)(n) any other expense for a good or service that:
              (10)(n)(i) a parent or scholarship student incurs in the education of the scholarship student; and
              (10)(n)(ii) the program manager approves, in accordance with Subsection (4)(d). See Utah Code 53F-6-401
  • Scholarship funds: means :
         (11)(a) funds that the Legislature appropriates for the program; and
         (11)(b) interest that scholarship funds accrue. See Utah Code 53F-6-401
  • Scholarship student: means an eligible student, including a home-based scholarship student, for whom the program manager establishes and maintains a scholarship account in accordance with this part. See Utah Code 53F-6-401
  • 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
     (1)(a)

          (1)(a)(i) contract with an independent licensed certified public accountant to conduct an agreed upon procedures engagement as the state board adopts, or obtain an audit and report that:

               (1)(a)(i)(A) a licensed independent certified public accountant conducts in accordance with generally accepted auditing standards;
               (1)(a)(i)(B) presents the financial statements in accordance with generally accepted accounting principles; and
               (1)(a)(i)(C) audits financial statements from within the 12 months immediately preceding the audit; and
          (1)(a)(ii) submit the audit report or report of the agreed upon procedure to the program manager when the private school applies to receive scholarship funds;
     (1)(b) comply with the antidiscrimination provisions of 42 U.S.C. § 2000d;
     (1)(c) provide a written disclosure to the parent of each prospective scholarship student, before the student is enrolled, of:

          (1)(c)(i) the education services that the school will provide to the scholarship student, including the cost of the provided services;
          (1)(c)(ii) tuition costs;
          (1)(c)(iii) additional fees the school will require a parent to pay during the school year; and
          (1)(c)(iv) the skill or grade level of the curriculum in which the prospective scholarship student will participate; and
     (1)(d) require the following individuals to submit to a nationwide, fingerprint-based criminal background check and ongoing monitoring, in accordance with Section 53G-11-402, as a condition for employment or appointment, as authorized by the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248:

          (1)(d)(i) an employee who does not hold:

               (1)(d)(i)(A) a current Utah educator license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure; or
               (1)(d)(i)(B) if the private school is not physically located in Utah, a current educator license in the state where the private school is physically located; and
          (1)(d)(ii) a contract employee.
(2) A private school described in Subsection (1) is not eligible to receive scholarship funds if:

     (2)(a) the private school requires a scholarship student to sign a contract waiving the scholarship student’s right to transfer to another qualifying provider during the school year;
     (2)(b) the audit report described in Subsection (1)(a) contains a going concern explanatory paragraph; or
     (2)(c) the report of the agreed upon procedures described in Subsection (1)(a) shows that the private school does not have adequate working capital to maintain operations for the first full year.
(3) To be eligible to receive scholarship funds on behalf of a scholarship student as an eligible school, a private school with fewer than 150 enrolled students shall:

     (3)(a) provide to the program manager:

          (3)(a)(i) a federal employer identification number;
          (3)(a)(ii) the provider’s address and contact information;
          (3)(a)(iii) a description of each program or service the provider proposes to offer a scholarship student; and
          (3)(a)(iv) any other information as required by the program manager; and
     (3)(b) comply with the antidiscrimination provisions of 42 U.S.C. § 2000d.
(4) A private school described in Subsection (3) is not eligible to receive scholarship funds if the private school requires a scholarship student to sign a contract waiving the student’s rights to transfer to another qualifying provider during the school year.
(5) To be eligible to receive scholarship funds on behalf of a scholarship student as an eligible school, an LEA shall:

     (5)(a) provide to the program manager:

          (5)(a)(i) a federal employer identification number;
          (5)(a)(ii) the LEA’s address and contact information; and
          (5)(a)(iii) the amount to be charged under the program for, in correlation with the LEA’s course and activity fee schedules, and a description of a class, program, or service the LEA provides to a home-based scholarship student;
     (5)(b) comply with the antidiscrimination provisions of 42 U.S.C. § 2000d; and
     (5)(c) ensure the provision of services to a scholarship student through which:

          (5)(c)(i) the scholarship student does not enroll in the LEA; and
          (5)(c)(ii) in accordance with Subsection 53F-2-302(2), the LEA does not receive WPU funding related to the student’s participation with the LEA.
(6) An LEA described in Subsection (5) is not eligible to receive scholarship funds if:

     (6)(a) the LEA requires a public education system scholarship student to sign a contract waiving the student’s rights to engage with another qualifying provider for a scholarship expense during the school year; or
     (6)(b) the LEA refuses to offer services that do not require LEA enrollment to scholarship students under the program.
(7) Residential treatment facilities licensed by the state are not eligible to receive scholarship funds.
(8) A private school or LEA intending to receive scholarship funds shall:

     (8)(a)

          (8)(a)(i) for a private school, submit an application to the program manager; or
          (8)(a)(ii) for an LEA, submit a notice to the program manager containing the information described in Subsection (5)(a); and
     (8)(b) agree to not refund, rebate, or share scholarship funds with scholarship students or scholarship student’s parents in any manner except remittances or refunds to a scholarship account in accordance with this part and procedures that the program manager establishes.
(9) The program manager shall:

     (9)(a) if the private school or LEA meets the eligibility requirements of this section, recognize the private school or LEA as an eligible school and, for a private school, approve the application; and
     (9)(b) make available to the public a list of eligible schools approved under this section.
(10) A private school approved under this section that changes ownership shall:

     (10)(a) cease operation as an eligible school until:

          (10)(a)(i) the school submits a new application to the program manager; and
          (10)(a)(ii) the program manager approves the new application; and
     (10)(b) demonstrate that the private school continues to meet the eligibility requirements of this section.
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