53E-7-401. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this part:

(1)"The Carson Smith Opportunity Scholarship Program" or "program" means the program established in Section 53E-7-402 .

(2)"Eligible student" means a student who:

(a)is:

(i)eligible to participate in public school, in kindergarten, or grades 1 through 12;

(ii)enrolled in a qualifying school as defined in Subsection

(10);

(iii)a home-based scholarship student as defined in Subsection

(4); or

(iv)at least three years old before September 2 of the year the scholarship is awarded;

(b)is a primary resident of the state;

(c)has a qualified disability identified under 20 U.S.C. Sec. 140(3) as determined by:

(i)having an IEP within the previous three years; or

(ii)a multidisciplinary team evaluation described in Subsection

(5);

(d)during the school year for which the student is applying for the scholarship, is not:

(i)a student who receives a scholarship under the legacy Carson Smith Scholarship Program created in Section 53F-4-302 ;

(ii)a student who receives a scholarship under the Utah Fits All Scholarship Program created in Section 53F-4-302 ; or

(iii)enrolled as a public school student;

(e)provides verification of primary residence in this state, through a parent's income tax records, utility bill, lease agreement, or property tax records; and

(f)for out-of-state military families through a parent attestation, is not enrolled in a public school elsewhere while receiving the scholarship.

(a)"Employee" means an individual working in a position in which the individual's salary, wages, pay, or compensation, including as a contractor, is paid from:

(i)program donations to a scholarship granting organization; or

(ii)scholarship money allocated to a qualifying school or qualifying provider by a scholarship granting organization under Section 53E-7-405 .

(b)"Employee" does not include an individual who volunteers at the scholarship granting organization, qualifying school, or qualifying provider.

(4)"Home-based scholarship student" means a student who:

(a)is eligible to participate in public school, in kindergarten or grades 1 through 12;

(b)attests to being excused from enrollment in an LEA to attend a home school; and

(c)receives a benefit from a scholarship under the program.

(5)"Multidisciplinary evaluation team" means two or more individuals:

(a)who are qualified in two or more separate disciplines or professions; and

(b)who evaluate a child.

(6)"Officer" means:

(a)a member of the board of a scholarship granting organization, qualifying school, or qualifying provider; or

(b)the chief administrative officer of a scholarship granting organization , qualifying school, or qualifying provider.

(7)"Primary residence" means the one location where an individual resides for the majority of the year.

(8)"Program donation" means a donation to the program under Section 53E-7-405 .

(9)"Qualifying provider" means:

(a)an entity that:

(i)is not a public school and is autonomous and not an agent of the state, in accordance with Section 53E-7-406 ; and

(ii)meets the requirement described in Section 53E-7-403 ; and

(b)an eligible service provider approved by the scholarship granting organization in accordance with Section 53E-7-408.5 .

(10)"Qualifying school" means a private school that:

(a)provides kindergarten, elementary, or secondary education;

(b)is approved by the state board under Section 53E-7-408 ; and

(c)meets the requirements described in Section 53E-7-403 .

(11)"Relative" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.

(12)"Scholarship" means a grant awarded to an eligible student:

(a)by a scholarship granting organization out of program donations and appropriations the Legislature provides; and

(b)for the purpose of paying for a scholarship expense.

(a)"Scholarship expense" means an expense that a parent or eligible student incurs in the education of the eligible student for goods or a service that a qualifying school or qualifying provider provides or facilitates, including:

(i)published tuition and fees of a qualifying school or qualifying provider;

(ii)fees and instructional materials at a technical college;

(iii)tutoring services;

(iv)fees for after-school or summer education programs;

(v)textbooks, curricula, or other instructional materials, including any supplemental materials or associated online instruction that a curriculum, qualifying provider, or a qualifying school recommends;

(vi)educational software and applications;

(vii)supplies or other equipment related to an eligible student's educational needs;

(viii)computer hardware or other technological devices that are intended primarily for an eligible student's educational needs;

(ix)fees for the following examinations, or for a preparation course for the following examinations, that the scholarship granting organization approves:

(A)a national norm-referenced or standardized assessment described in Section 53F-6-410 , an advanced placement examination, or another similar assessment;

(B)a state-recognized industry certification examination; and

(C)an examination related to college or university admission;

(x)educational services for students with disabilities from a licensed or accredited practitioner or provider, including occupational, behavioral, physical, audiology, or speech-language therapies, or other licensed or accredited practitioners approved by the scholarship granting organization;

(xi)contracted services that the scholarship granting organization approves and that an LEA provides, including individual classes, after-school tutoring services, transportation, or fees or costs associated with participation in extracurricular activities, as long as the LEA does not require the scholarship student to enroll to participate;

(xii)ride fees or fares for a fee-for-service transportation provider to transport the eligible student to and from a qualifying school or qualifying provider, not to exceed $750 in a given school year;

(A)expenses related to extracurricular activities, field trips, educational supplements, physical education experiences, and other educational experiences not to exceed 20% of the total scholarship amount; and

(B)the 20% maximum for expenses related to extracurricular activities and physical education described in Subsection (13)(a)(xiii)(A) does not apply to expenses related to physical therapy expenses;

(xiv)physical therapy expenses that are required to facilitate educational services; or

(xv)expenses the scholarship granting organization approves in accordance with Subsection 53E-7-405(3) .

(b)Scholarship expense does not include:

(i)chaperone expenses;

(ii)season tickets, annual passes, or subscriptions to entertainment venues; and

(iii)the purchase of furniture.

(14)"Scholarship granting organization" means an organization that is:

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

(b)recognized through an agreement with the state board as a scholarship granting organization, as described in Section 53E-7-404 .

(15)"Scholarship student" means an eligible student, including a home-based scholarship student, who receives a scholarship under this part.

(16)"Value of the weighted pupil unit" means the amount established each year in the enacted public education budget that is multiplied by the number of weighted pupil units to yield the funding level for the basic state-supported school program.

Amended by Chapter 217 , 2026 General Session