Section 53F-4-302 - Scholarship program created - Qualifications(1) The Carson Smith Scholarship Program is created to award scholarships to students with disabilities to attend a private school.(2) To qualify for a scholarship: (a) the student's custodial parent shall reside within Utah;(b) the student shall have one or more of the following disabilities: (i) an intellectual disability;(ii) deafness or being hard of hearing;(iii) a speech or language impairment;(iv) a visual impairment;(v) a serious emotional disturbance;(vi) an orthopedic impairment;(viii) traumatic brain injury;(ix) other health impairment;(x) specific learning disabilities;(xii) a developmental delay, provided the student is at least three years old, as described to Subsection (2)(c), and is younger than eight years old;(c) the student shall be at least three years old before September 2 of the year in which admission to a private school is sought and under 19 years old on the last day of the school year as determined by the private school, or, if the individual has not graduated from high school, will be under 22 years old on the last day of the school year as determined by the private school; and(d) except as provided in Subsection (3), the student shall:(i) be enrolled in a Utah public school in the school year prior to the school year the student will be enrolled in a private school;(iii) have obtained acceptance for admission to an eligible private school.(3) The requirements of Subsection (2)(d) do not apply in the following circumstances: (a) the student is enrolled or has obtained acceptance for admission to an eligible private school that has previously served students with disabilities; and(b) an assessment team is able to readily determine with reasonable certainty:(i) that the student has a disability listed in Subsection (2)(b) and would qualify for special education services, if enrolled in a public school; and(ii) for the purpose of establishing the scholarship amount, the appropriate level of special education services which should be provided to the student.(4)(a) Except as provided in Subsection (11)(b), to receive a full-year scholarship under this part, a parent of a student shall submit to the LEA where the student is enrolled an application on or before the August 15 immediately preceding the first day of the school year for which the student would receive the scholarship.(b) Except as provided in Subsection (11)(b), the state board may waive the full-year scholarship deadline described in Subsection (4)(a).(c) An application for a scholarship shall contain an acknowledgment by the parent that the selected school is qualified and capable of providing the level of special education services required for the student.(5)(a) The scholarship application form shall contain the following statement: "I acknowledge that:
(1) A private school may not provide the same level of special education services that are provided in a public school;(2) I will assume full financial responsibility for the education of my scholarship student if I accept this scholarship;(3) Acceptance of this scholarship has the same effect as a parental refusal to consent to services pursuant to Section 614(a)(1) of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; and(4) My child may return to a public school at any time."(b) Upon acceptance of the scholarship, the parent assumes full financial responsibility for the education of the scholarship student.(c) Acceptance of a scholarship has the same effect as a parental refusal to consent to services pursuant to Section 614(a)(1) of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.(d) The creation of the scholarship program or granting of a scholarship does not: (i) imply that a public school did not provide a free and appropriate public education for a student; or(ii) constitute a waiver or admission by the state.(6)(a) Except as provided in Subsection (6)(b), a scholarship shall remain in force for the lesser of: (ii) until the student is determined ineligible for special education services.(b) If a student is determined ineligible for special education services as described in Subsection (6)(a)(ii) before the end of a school year, the student may remain enrolled at the private school and qualifies for the scholarship until the end of the school year.(c) A scholarship may be extended for an additional three years, if:(i) the student is evaluated by an assessment team; and(ii) the assessment team determines that the student would qualify for special education services, if enrolled in a public school.(d) The assessment team shall determine the appropriate level of special education services which should be provided to the student for the purpose of setting the scholarship amount.(e) A scholarship may be extended for successive three-year periods as provided in Subsections (6)(a) and (c):(i) until the student graduates from high school; or(ii) if the student does not graduate from high school, until the student is 22 years old.(7) A student's parent, at any time, may remove the student from a private school and place the student in another eligible private school and retain the scholarship.(8) A scholarship student: (a) may participate in the Statewide Online Education Program described in Part 5, Statewide Online Education Program; and(b) may not participate in a dual enrollment program pursuant to Section 53G-6-702.(9) The parents of a scholarship student have the authority to choose the private school that will best serve the interests and educational needs of that student, which may be a sectarian or nonsectarian school, and to direct the scholarship resources available for that student solely as a result of their genuine and independent private choices.(10) The state board shall notify the parents of a scholarship student in writing of:(a) the termination of new applicants in the existing scholarship program; and(b) the ability of a current scholarship student to remain in the scholarship program as described in Subsection (6)(c) and (e).(11) After the 2023-2024 school year, an LEA or the state board may not:(a) accept a new application; or(b) provide a waiver of a full-year application.Amended by Chapter 466, 2024 General Session ,§ 11, eff. 7/1/2024.Amended by Chapter 186, 2019 General Session ,§ 234, eff. 5/14/2019.Amended by Chapter 168, 2018 General Session ,§ 1, eff. 5/8/2018.Renumbered from § 53A-1a-704 and amended by Chapter 2, 2018 General Session ,§ 81, eff. 1/24/2018.Amended by Chapter 43, 2017 General Session ,§ 3, eff. 5/9/2017.Amended by Chapter 374, 2015 General Session ,§ 2, eff. 5/12/2015.Amended by Chapter 278, 2014 General Session ,§ 1, eff. 5/13/2014.Amended by Chapter 366, 2011 General Session