53F-6-410.  Parental rights — Optional assessment.

(1)  In accordance with Section 53G-6-803 regarding a parent’s right to academic accommodations, nothing in this chapter restricts or affects a parent’s interests and role in the care, custody, and control of the parent’s child, including the duty and right to nurture and direct the child’s upbringing and education.

Terms Used In Utah Code 53F-6-410

(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 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
    • (2) 

    (a)  A parent may request that the program manager facilitate one of the following assessments of the parent’s scholarship student:

    (i)  a standards assessment described in Section 53E-4-303;

    (ii)  a high school assessment described in Section 53E-4-304;

    (iii)  a college readiness assessment described in Section 53E-4-305;

    (iv)  an assessment of students in grade 3 to measure reading grade level described in Section 53E-4-307; or

    (v)  a nationally norm-referenced assessment.

    (b) 

    (i)  Notwithstanding any other provision of law, the entity administering an assessment described in Subsection (2)(a) to a scholarship student in accordance with this section may not report the result of or any other data pertaining to the assessment or scholarship student to a person other than the program manager, the scholarship student, or the scholarship student’s parent.

    (ii)  The program manager may not report or communicate the result or data described in Subsection (2)(b)(i) to a person other than the relevant scholarship student and the scholarship student’s parent unless the result or data is included in a de-identified compilation of data related to all scholarship students.

    (c)  In any communication from the program manager regarding an assessment described in this Subsection (2), the program manager shall include a disclaimer that no assessment is required.

    (d)  The completion of an optional assessment under this section satisfies the portfolio eligibility qualification described in Subsection 53F-6-402(3)(d).

    Enacted by Chapter 1, 2023 General Session

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