53F-6-409. Eligible service providers.

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

Effective 3/6/2025

(1)To be an eligible service provider, a private program or service:

(a)shall provide to the program manager and financial administrator:

(i)a federal employer identification number;

(ii)the provider's address and contact information;

(iii)a description of each program or service the provider proposes to offer directly to a scholarship student; and

(iv)subject to Subsection (2), any other information as required by the program manager;

(b)shall comply with the antidiscrimination provisions of 42 U.S.C. Sec. 2000d; and

(c)may not act as a consultant, clearing house, or intermediary that connects a scholarship student with or otherwise facilitates the student's engagement with a program or service that another entity provides.

(2)The program manager shall adopt policies that maximize the number of eligible service providers, including accepting new providers throughout the school year, while ensuring education programs or services provided through the program meet student needs and otherwise comply with this part.

(3)A private program or service intending to receive scholarship funds shall:

(a)submit an application to the program manager;

(b)complete all required orientation programs established by the program manager before receiving any scholarship funds and maintain a current orientation status throughout participation in the program; and

(c)agree to not refund, rebate, or share scholarship funds with scholarship students or scholarship students' parents in any manner except remittances or refunds processed through the financial administrator to a scholarship account in accordance with this part and procedures that the program manager establishes.

(4)The program manager shall:

(a)if the private program or service meets the eligibility requirements of this section, recognize the private program or service as an eligible service provider and approve a private program or service's application to receive scholarship funds on behalf of a scholarship student; and

(b)make available to the public a list of eligible service providers approved under this section.

(5)A private program or service approved under this section that changes ownership shall:

(a)cease operation as an eligible service provider until:

(i)the program or service submits a new application to the program manager; and

(ii)the program manager approves the new application; and

(b)demonstrate that the private program or service continues to meet the eligibility requirements of this section.

(6)The following are not eligible service providers:

(a)a parent of a home-based scholarship student or a home school student solely in relation to the parent's child; or

(b)any other individual that does not meet the requirements described in this section.

(7)Nothing prohibits an entity that provides education services under the Statewide Online Education Program described in Chapter 4, Part 5, Statewide Online Education Program, from operating as an eligible service provider under this part to provide education services to scholarship students.

Amended by Chapter 25 , 2025 General Session