53F-6-403. Qualifying providers.

536 words·~2 min read·/ut/title-53f/chapter-6/53f-6-403

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

Effective 3/6/2025

(1)Before the beginning of the school year immediately following a school year in which a qualifying provider receives scholarship funds equal to or more than $500,000, the qualifying provider shall file with the program manager a surety bond payable to the program manager in an amount equal to the aggregate amount of scholarship funds expected to be received during the school year.

(2)If a program manager determines that a qualifying provider has violated a provision of this part, the program manager may have the disbursement interrupted or withhold scholarship funds from the qualifying provider.

(a)If the program manager determines that a qualifying provider no longer meets the eligibility requirements described in this part, the program manager may withdraw the organization's approval of the qualifying provider.

(b)A provider or person that does not have the approval of the program manager in accordance with the following may not accept scholarship funds for services under this part:

(i)Section 53F-6-408 regarding eligible schools; or

(ii)Section 53F-6-409 regarding eligible service providers.

(4)If a qualifying provider requires partial payment of tuition or fees before the beginning of the academic year to reserve space for a scholarship student who has been admitted to the qualifying provider, the program manager may direct the financial administrator to:

(a)pay the partial payment before the beginning of the school year in which the scholarship funds are awarded; and

(b)deduct the amount of the partial payment from subsequent scholarship fund deposits in an equitable manner that provides the best availability of scholarship funds to the student throughout the remainder of the school year.

(5)If a scholarship student chooses to withdraw from or otherwise not engage with the qualifying provider before the beginning of the school year:

(a)the qualifying provider shall remit the partial payment described in Subsection (4)(a) to the financial administrator; and

(b)the program manager shall direct the financial administrator to credit the remitted partial payment to the scholarship student's scholarship account.

(6)A qualifying provider that is an LEA shall:

(a)comply with the additional requirements set forth in Section 53F-6-408 , including ensuring enrollment systems provide a distinct separation of a scholarship student from a public education student;

(b)utilize the reporting process established under Subsection

(7);

(c)submit enrollment verifications in accordance with rules established by the state board; and

(d)maintain records of enrollment reporting and verification activities.

(7)The Department of Operations shall:

(a)establish a process for an LEA provider to report:

(i)instances of double counted enrollment; and

(ii)students who are erroneously removed from scholarship eligibility;

(b)develop a standardized reporting mechanism that:

(i)allows LEA providers to submit verification of accurate student enrollment status;

(ii)maintains documentation of enrollment discrepancies; and

(iii)tracks resolution of reported enrollment issues;

(c)implement data validation measures to:

(i)identify potential double counted enrollment across LEA providers; and

(ii)ensure students maintain proper scholarship eligibility status; and

(d)provide training to LEA providers on:

(i)proper enrollment reporting procedures;

(ii)use of the reporting mechanism described in Subsection (7)(b); and

(iii)resolution of enrollment discrepancies.

Amended by Chapter 25 , 2025 General Session