In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law:
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
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:
(a)
an eligible school that the program manager approves in accordance with Section 53F-6-408; or
(b)
an eligible service provider that the program manager approves in accordance with Section 53F-6-409. See Utah Code 53F-6-401
Scholarship funds: means :
(a)
funds that the Legislature appropriates for the program; and
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
(a)
is necessary; and
(b)
does not impose an undue burden on the qualifying provider.
(2)
The following bear no liability based on the award or use of scholarship funds under this part:
(a)
the state;
(b)
the state board;
(c)
the program manager; or
(d)
an LEA.
(3)
If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students’ parents may intervene as a matter of right to defend the program‘s constitutionality, subject to any court order that all defending parents and scholarship students intervene jointly.
