Utah Code 53F-6-409. Eligible service providers

53F-6-409. Eligible service providers.

(1)

To be an eligible service provider, a private program or service:

Terms Used In Utah Code 53F-6-409

program: means the scholarship program established in Section 53F-6-402. See Utah Code 53F-6-401
Program manager: means an organization that:

(a)	is qualified as tax exempt under Section 501(c)(3), Internal Revenue Code;

(b)	is not affiliated with any international organization;

(c)	does not harvest data for the purpose of reproducing or distributing the data to other entities;

(d)	has no involvement in guiding or directing any curriculum or curriculum standards;

(e)

does not manage or otherwise administer a scholarship under:

(i)	the Carson Smith Scholarship Program established in Section 53F-4-302; or

(ii)	the Special Needs Opportunity Scholarship Program established in Section 53E-7-402; and

(f)

an agreement with the state board recognizes as a program manager, in accordance with this part. 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 funds: means :

(a)	funds that the Legislature appropriates for the program; and

(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

(a)

shall provide to the program manager:

(i)	a federal employer identification number;

(ii)	the provider’s address and contact information;

(iii)

a description of each program or service the provider proposes to offer directly to a scholarship student; and

(iv)	subject to Subsection (2), any other information as required by the program manager;

(b)	shall comply with the antidiscrimination provisions of 42 U.S.C. § 2000d; and

(c)	may not act as a consultant, clearing house, or intermediary that connects a scholarship student with or otherwise facilitates the student’s engagement with a program or service that another entity provides.

(2)	The program manager shall adopt policies that maximize the number of eligible service providers, including accepting new providers throughout the school year, while ensuring education programs or services provided through the program meet student needs and otherwise comply with this part.

(3)

A private program or service intending to receive scholarship funds shall:

(a)	submit an application to the program manager; and

(b)	agree to not refund, rebate, or share scholarship funds with scholarship students or scholarship students’ parents in any manner except remittances or refunds to a scholarship account in accordance with this part and procedures that the program manager establishes.

(4)

The program manager shall:

(a)	if the private program or service meets the eligibility requirements of this section, recognize the private program or service as an eligible service provider and approve a private program or service’s application to receive scholarship funds on behalf of a scholarship student; and

(b)	make available to the public a list of eligible service providers approved under this section.

(5)

A private program or service approved under this section that changes ownership shall:

(a)

cease operation as an eligible service provider until:

(i)	the program or service submits a new application to the program manager; and

(ii)	the program manager approves the new application; and

(b)	demonstrate that the private program or service continues to meet the eligibility requirements of this section.

Enacted by Chapter 1, 2023 General Session

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