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H.B. 115
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CARSON SMITH SPECIAL NEEDS
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SCHOLARSHIPS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: J. Morgan Philpot
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LONG TITLE
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General Description:
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This bill creates a program to award scholarships to students with disabilities who
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attend a private school.
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Highlighted Provisions:
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This bill:
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. specifies criteria for qualifying for a scholarship;
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. specifies criteria for private schools to enroll scholarship students;
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. specifies the amount, timing, and form of scholarship payments;
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. requires the State Board of Education to make rules;
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. gives the State Board of Education enforcement authority; and
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. requires the Legislature to annually appropriate money from the General Fund for
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scholarship payments.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53A-3-410, as last amended by Chapter 377, Laws of Utah 1999
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ENACTS:
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53A-1a-701, Utah Code Annotated 1953
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53A-1a-702, Utah Code Annotated 1953
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53A-1a-703, Utah Code Annotated 1953
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53A-1a-704, Utah Code Annotated 1953
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53A-1a-705, Utah Code Annotated 1953
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53A-1a-706, Utah Code Annotated 1953
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53A-1a-707, Utah Code Annotated 1953
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53A-1a-708, Utah Code Annotated 1953
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53A-1a-709, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-1a-701
is enacted to read:
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Part 7. Carson Smith Scholarships for Students with Special Needs Act
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53A-1a-701. Title.
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This part is known as the "Carson Smith Scholarships for Students with Special Needs
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Act."
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Section 2.
Section
53A-1a-702
is enacted to read:
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53A-1a-702. Findings and purpose.
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(1) The Legislature finds that:
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(a) students with disabilities have special needs which must be satisfied to allow them
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to learn and maximize their capabilities;
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(b) those needs may include teachers trained in special teaching methods, small class
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sizes, and special materials, equipment, and classroom environments;
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(c) parents of students with disabilities should be able to select the school, whether
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public or private, that best meets the needs of the student; and
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(d) the cost of education in a private school, especially for a student with a disability, is
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burdensome or unaffordable for many parents.
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(2) The purpose of this part is to provide financial assistance to parents of students
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with disabilities to allow them to enroll their student in a private school, if the parent
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determines that the student's needs are best met by the private school.
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Section 3.
Section
53A-1a-703
is enacted to read:
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53A-1a-703. Definitions.
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As used in this part:
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(1) "Assessment team" means a team consisting of:
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(a) the student's parent;
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(b) the student's classroom teacher;
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(c) special education personnel from the student's resident school district; and
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(d) if available, special education personnel from the private school at which the
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student is enrolled.
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(2) "Board" means the State Board of Education.
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(3) "Eligible private school" means a private school that meets the requirements of
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Section
53A-1a-705
.
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(4) "IEP" means a written statement for a student with a disability that is developed,
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reviewed, and revised in accordance with board rules and the Individuals with Disabilities
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Education Act, 20 U.S.C. Sec. 1400 et. seq.
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(5) "Scholarship student" means a student who receives a scholarship under this part.
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(6) "Value of the weighted pupil unit" means the amount specified in Section
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53A-17a-103
that is multiplied by the number of weighted pupil units to yield the funding level
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for the basic state-supported school program.
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Section 4.
Section
53A-1a-704
is enacted to read:
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53A-1a-704. Scholarship program created -- Qualifications.
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(1) The Carson Smith Scholarship Program is created to award scholarships to students
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with disabilities to attend a private school.
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(2) To qualify for a scholarship:
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(a) the student's custodial parent or legal guardian shall reside within Utah;
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(b) the student shall have one of more of the following disabilities:
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(i) mental retardation;
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(ii) a hearing impairment;
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(iii) a speech or language impairment;
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(iv) a visual impairment;
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(v) a serious emotional disturbance;
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(vi) an orthopedic impairment;
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(vii) autism;
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(viii) traumatic brain injury;
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(ix) other health impairment; or
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(x) specific learning disabilities; and
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(c) except as provided in Subsection (3), the student shall:
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(i) be enrolled in a Utah public school in the school year prior to the school year the
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student will be enrolled in a private school;
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(ii) have an IEP; and
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(iii) have obtained acceptance for admission to an eligible private school, as a student
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in any grade from kindergarten through grade 12.
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(3) The board shall provide, by rule, for a waiver from the requirements of Subsections
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(2)(c)(i) and (ii) in the following circumstances:
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(a) the student is enrolled or has obtained acceptance for admission to an eligible
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private school, as a student in any grade from kindergarten through grade 12;
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(b) the private school specializes in serving students with disabilities; and
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(c) an assessment team is able to readily determine with reasonable certainty:
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(i) that the student has a disability listed in Subsection (2)(b) and would qualify for
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special education services, if enrolled in a public school; and
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(ii) for the purpose of establishing the scholarship amount, the appropriate level of
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special education services which should be provided to the student.
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(4) (a) To receive a scholarship:
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(i) the parent of a student meeting the qualifications of Subsection (2) shall submit an
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application for the scholarship to the school district within which the student is enrolled at least
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60 days before the date of the first scholarship payment; and
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(ii) the parent of a student seeking a waiver pursuant to Subsection (3) shall submit an
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application for the scholarship to the student's resident school district at least 60 days before
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the date of the first scholarship payment.
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(b) The board may provide, by rule, for a waiver of the 60-day application deadline.
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(5) The scholarship application form shall include a statement disclosing to applicants
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that a private school may or may not provide the same special education services that are
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provided in a public school.
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(6) (a) A scholarship shall remain in force for three years.
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(b) A scholarship may be extended for an additional three years, if:
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(i) the student is evaluated by an assessment team; and
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(ii) the assessment team determines that the student is disabled and would qualify for
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special education services, if enrolled in a public school.
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(c) The assessment team shall determine the appropriate level of special education
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services which should be provided to the student for the purpose of setting the scholarship
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amount.
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(d) A scholarship may be extended for successive three-year periods as provided in
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Subsections (6)(b) and (6)(c) until the student graduates from high school.
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(7) A student's parent, at any time, may remove the student from a private school and
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place the student in another eligible private school and retain the scholarship.
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Section 5.
Section
53A-1a-705
is enacted to read:
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53A-1a-705. Eligible private schools.
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(1) To be eligible to enroll a scholarship student, a private school may be a sectarian or
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nonsectarian school and shall:
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(a) have a physical location in Utah where the scholarship students attend classes and
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have direct contact with the school's teachers;
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(b) demonstrate fiscal soundness in accordance with Subsection (4);
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(c) comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d;
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(d) meet state and local health and safety laws and codes;
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(e) disclose to the parent of each prospective student, before the student is enrolled, the
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special education services that will be provided to the student;
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(f) (i) administer an annual assessment of each scholarship student's academic
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progress; and
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(ii) report the results of the assessment to the student's parents;
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(g) (i) employ or contract with teachers who:
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(A) hold baccalaureate or higher degrees;
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(B) have at least three years of teaching experience in public or private schools; or
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(C) have special skills, knowledge, or expertise that qualifies them to provide
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instruction in the subjects taught; and
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(ii) provide to parents the relevant credentials of the teachers who will be teaching their
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students; and
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(h) adhere to the tenets of its published disciplinary procedures prior to the expulsion
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of a scholarship student.
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(2) A home school is not eligible to enroll scholarship students.
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(3) (a) Except as provided in Subsection (3)(b), a private school intending to enroll
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scholarship students shall submit an application to the board by May 1 of the school year
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preceding the school year in which it intends to enroll scholarship students.
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(b) A private school intending to enroll scholarship students in the 2004-05 school year
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shall submit an application by June 15, 2004.
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(4) To initially demonstrate financial soundness, the board may require a private school
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to obtain an audit and opinion letter from an independent certified public accountant showing
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that the school is insured and has sufficient funds to maintain operations for the full school
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year.
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(5) The board shall:
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(a) approve a private school's application to enroll scholarship students, if the private
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school meets the eligibility requirements of this section; and
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(b) make available to the public a list of the eligible private schools.
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Section 6.
Section
53A-1a-706
is enacted to read:
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53A-1a-706. Scholarship payments.
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(1) (a) Scholarships shall be awarded by the board subject to the availability of money
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appropriated by the Legislature for that purpose.
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(b) The Legislature shall annually appropriate money to the board from the General
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Fund to make scholarship payments.
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(c) If monies are not available to pay for all scholarships requested, the scholarships
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shall be allocated in accordance with board rules, with preference given to students who
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received scholarships in the previous school year.
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(2) Full-year scholarships shall be awarded in the following amounts:
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(a) for a student who received an average of 180 minutes per day or more of special
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education services in a public school before transferring to a private school, an amount not to
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exceed the lesser of:
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(i) the value of the weighted pupil unit multiplied by 2.5; or
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(ii) the private school tuition and fees; and
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(b) for a student who received an average of less than 180 minutes per day of special
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education services in a public school before transferring to a private school, an amount not to
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exceed the lesser of:
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(i) the value of the weighted pupil unit multiplied by 1.73; or
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(ii) the private school tuition and fees.
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(3) The scholarship amount for a student enrolled in a half-day kindergarten program
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shall be the amount specified in Subsection (2)(a) or (2)(b) multiplied by .55.
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(4) (a) The scholarship amount for a student who receives a waiver under Subsection
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53A-1a-704
(3) shall be based upon the assessment team's determination of the appropriate
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level of special education services to be provided to the student.
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(b) (i) If the student requires an average of 180 minutes per day or more of special
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education services, a full-year scholarship shall be equal to the amount specified in Subsection
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(2)(a).
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(ii) If the student requires less than an average of 180 minutes per day of special
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education services, a full-year scholarship shall be equal to the amount specified in Subsection
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(2)(b).
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(iii) If the student is enrolled in a half-day kindergarten program, the scholarship is
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equal to the amount specified in Subsection (3).
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(5) (a) Except as provided in Subsection (5)(b), upon review and receipt of the
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documentation required by the board to verify a student's admission to, or continuing
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enrollment and attendance at, a private school, the board shall make scholarship payments in
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four equal amounts no later than September 1, November 1, February 1, and April 15 of each
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school year in which a scholarship is in force.
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(b) In accordance with board rule, the board may make a scholarship payment before
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the first quarterly payment of the school year, if a private school requires partial payment of
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tuition before the start of the school year to reserve space for a student admitted to the school.
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(6) Before scholarship payments are made, the board shall cross-check enrollment lists
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of scholarship students, school districts, and youth in custody to ensure that scholarship
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payments are not erroneously made.
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(7) (a) Scholarship payments shall be made by the board by individual warrant made
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payable to the student's parent and mailed by the board to the private school. The parent shall
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restrictively endorse the warrant to the private school for deposit into the account of the private
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school.
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(b) A person, on behalf of a private school, may not accept a power of attorney from a
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parent to sign a warrant referred to in Subsection (7)(a), and a parent of a scholarship student
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may not give a power of attorney designating a person, on behalf of a private school, as the
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parent's attorney-in-fact.
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Section 7.
Section
53A-1a-707
is enacted to read:
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53A-1a-707. Board to make rules.
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The board shall make rules for the administration of the scholarship program.
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Section 8.
Section
53A-1a-708
is enacted to read:
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53A-1a-708. Enforcement and penalties.
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(1) (a) The board may require private schools to submit signed affidavits assuring the
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private school will comply with the requirements of this part and board rules made under this
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part.
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(b) If a school fails to submit a signed affidavit after having an opportunity to provide
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explanations and request delays, the board may:
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(i) deny the private school permission to enroll scholarship students; and
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(ii) interrupt disbursement of or withhold scholarship payments.
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(2) The board may:
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(a) investigate complaints about a private school's or parent's failure to comply with
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this part or board rules made under this part; and
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(b) convene administrative hearings for a violation of this part or board rules.
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(3) Upon a finding that a private school or parent failed to comply with this part or
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board rules made under this part, the board may:
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(a) deny a private school permission to enroll scholarship students;
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(b) interrupt disbursement of or withhold scholarship payments; or
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(c) issue an order for repayment of scholarship payments fraudulently obtained.
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Section 9.
Section
53A-1a-709
is enacted to read:
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53A-1a-709. Limitation on regulation of private schools.
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Nothing in this part grants additional authority to any state agency or school district to
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regulate private schools except as expressly set forth in this part.
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Section 10.
Section
53A-3-410
is amended to read:
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53A-3-410. Criminal background checks on school personnel -- Notice -- Payment
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of cost -- Request for review.
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(1) A school district superintendent or the superintendent's designee:
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(a) shall require a potential employee or a volunteer who will be given significant
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unsupervised access to a student in connection with the volunteer's assignment to submit to a
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criminal background check as a condition for employment or appointment; and
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(b) where reasonable cause exists, may require an existing employee or volunteer to
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submit to a criminal background check.
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(2) The chief administrative officer of a private school may require, and the chief
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administrative officer of the private school that enrolls scholarship students under Chapter 1a,
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Part 7, Carson Smith Scholarships for Students with Special Needs Act, shall require:
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(a) a potential employee or volunteer to submit to a criminal background check as a
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condition for employment or appointment; and
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(b) where reasonable cause exists, an existing employee or volunteer to submit to a
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criminal background check.
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(3) The applicant, volunteer, or employee shall receive written notice that the
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background check has been requested.
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(4) (a) (i) Fingerprints of the individual shall be taken, and the Criminal Investigations
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and Technical Services Division of the Department of Public Safety, established in Section
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53-10-103
, shall release the individual's full record of criminal convictions to the administrator
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requesting the information.
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(ii) The division shall maintain a separate file of fingerprints submitted under
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Subsection (4)(a)(i) and notify the State Office of Education when a new entry is made against
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a person whose fingerprints are held in the file regarding:
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(A) any matters involving an alleged sexual offense;
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(B) any matters involving an alleged felony or class A misdemeanor drug offense; or
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(C) any matters involving an alleged offense against the person under Title 76, Chapter
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5, Offenses Against the Person.
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(iii) The cost of maintaining the separate file shall be paid by the State Office of
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Education from fees charged to those submitting fingerprints.
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(b) Information received by the division from entities other than agencies or political
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subdivisions of the state may not be released to a private school unless the release is
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permissible under applicable laws or regulations of the entity providing the information.
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(5) The superintendent, local school board, or their counterparts at a private school
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shall consider only those convictions which are job-related for the employee, applicant, or
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volunteer.
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(6) (a) The district or private school shall pay the cost of the background check except
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as otherwise provided in Subsection (6)(b), and the monies collected shall be credited to the
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Criminal Investigations and Technical Services Division to offset its expenses.
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(b) The district or private school may require an applicant to pay the costs of a
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background check as a condition for consideration for employment or appointment, if:
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(i) the applicant:
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(A) has passed an initial review;
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(B) is one of a pool of no more than five candidates for a position; and
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(C) except as may be otherwise provided by state board rule for an applicant who
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submitted to a background check while completing a higher education program at a Utah
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institution of higher education, has not been the subject of a criminal background check of
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similar scope during the preceding two years that was requested by a potential employer or the
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State Board of Education; and
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(ii) a copy of the background check is provided to the district or school considering
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employment or appointment of the applicant.
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(7) The Criminal Investigations and Technical Services Division shall, upon request,
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seek additional information from regional or national criminal data files in responding to
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inquiries under this section.
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(8) (a) A private school seeking information from the Federal Bureau of Investigation
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or other national criminal data file which the private school may not access directly shall
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submit its request to the Teacher Certification Section of the State Board of Education, together
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with the required fee and the school's criminal data-related criteria for limiting or rejecting
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employment.
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(b) The section shall submit the request and, upon receiving the requested information,
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shall determine whether the subject of the inquiry is entitled to employment under the school's
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criteria.
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(c) The section shall disclose its determination to the school but may not disclose the
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data in the national criminal data file.
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(9) (a) The applicant, volunteer, or employee shall have opportunity to respond to any
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information received as a result of the background check.
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(b) A private school applicant, volunteer, or employee who wishes to respond shall:
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(i) submit a request to the school; and
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(ii) give a written statement to the Teacher Certification Office authorizing the office to
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release the background check information to a hearing officer selected by the individual and the
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school.
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(c) The individual and the school shall equally share any costs incurred under
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Subsection (9)(b).
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(d) A public agency shall resolve any request for review by an applicant, volunteer, or
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employee seeking employment or employed by the agency through normal administrative
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procedures established by the agency.
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(10) If a person is denied employment or is dismissed from employment because of
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information obtained through a criminal background check, the person shall receive written
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notice of the reasons for denial or dismissal and have an opportunity to respond to the reasons
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under the procedures set forth in Subsection (9).
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(11) Information obtained under this part is confidential and may only be disclosed as
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provided in this section.
Legislative Review Note
as of 1-22-04 2:27 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.