53F-6-413. Legal proceedings.
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/ut/title-53f/chapter-6/53f-6-413A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/3/2023
53F-6-413. Legal proceedings.
(1)In any legal proceeding against the state in which a qualifying provider challenges the application of this part to the qualifying provider, the state shall bear the burden of establishing that the law:
(a)is necessary; and
(b)does not impose an undue burden on the qualifying provider.
(2)The following bear no liability based on the award or use of scholarship funds under this part:
(a)the state;
(b)the state board;
(c)the program manager; or
(d)an LEA.
(3)If any provision of this part is the subject of a state or federal constitutional challenge in a state court, scholarship students and scholarship students' parents may intervene as a matter of right to defend the program's constitutionality, subject to any court order that all defending parents and scholarship students intervene jointly.
Enacted by Chapter 1 , 2023 General Session