Utah Code § 53F-6-404 — Utah Code / Title 53F / Chapter 53F-6 / § 53F-6-404
§ 53F-6-404. State board procurement -- Failure to comply.
Status: in_force

(1) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board shall issue requests for proposals for entities to perform duties and functions necessary for program operations. (b) An organization that responds to a request for proposals described in Subsection (1)(a) shall submit information demonstrating: (i) organizational qualifications and capacity to perform the specific duties or functions; (ii) relevant experience in education program administration or financial management; (iii) the proposed methodology for performing assigned responsibilities; and (iv) an affidavit or other evidence that the organization: (A) is not affiliated with any international organization; (B) does not harvest data for the purpose of reproducing or distributing the data to another entity; and (C) has no involvement in guiding or directing any curriculum standards. (c) The state board shall ensure that the agreement described in Subsection (1)(a): (i) clearly delineates the specific duties and functions to be performed; (ii) ensures the efficiency and success of the program; (iii) maintains appropriate separation between program and contract administration and direct educational services; (iv) preserves the independence of educational decisions made between parents and providers; and (v) does not impose any requirements on the program manager that: (A) are not essential to the basic administration of the program; or (B) create restrictions, directions, or mandates regarding instructional content or curriculum. (2) The state board may regulate and take enforcement action as necessary against a contracted entity in accordance with the provisions of the state board's agreement with the contracted entity. (3) (a) If the state board determines that a contracted entity has violated a provision of this part or a provision of the state board's agreement with the contracted entity, the state board shall send written notice to the contracted entity explaining the violation and the remedial action required to correct the violation. (b) A contracted entity that receives a notice described in Subsection (3)(a) shall, no later than 60 days after the day on which the contracted entity receives the notice, correct the violation and report the correction to the state board. (c) (i) If a contracted entity that receives a notice described in Subsection (3)(a) fails to correct a violation in the time period described in Subsection (3)(b), the state board may bar the contracted entity from further participation in the program. (ii) A contracted entity may appeal a decision of the state board under Subsection (3)(c)(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (d) A contracted entity may not accept state funds while the contracted entity: (i) is barred from participating in the program under Subsection (3)(c)(i); or (ii) has an appeal pending under Subsection (3)(c)(ii). (e) A contracted entity that has an appeal pending under Subsection (3)(c)(ii) may continue to administer scholarship accounts during the pending appeal. (4) The state board shall establish a process for a contracted entity to report the information the contracted entity is required to report to the state board under Section 53F-6-405. (5) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and include provisions in the state board's agreement with a contracted entity for: (a) subject to Subsection (6), the administration of scholarship accounts and disbursement of scholarship funds if a contracted entity is barred from participating in the program under Subsection (3)(c)(i); and (b) audit and report requirements as described in Section 53F-6-405. (6) (a) The state board shall include in the rules and provisions described in Subsection (5)(a) measures to ensure that the establishment and maintenance of scholarship accounts and enrollment in the program are not disrupted if the contracted entity is barred from participating in the program. (b) The state board may, if the contracted entity is barred from participating in the program, issue a new request for proposals and enter into a new agreement with an alternative contracted entity in accordance with this section and, if applicable, Section 53F-6-415.5. (7) The state board may not include a provision in any rule that creates or implies a restriction, direction, or mandate regarding: (a) instructional content; (b) curriculum; or (c) program operations that a contracted entity performs pursuant to an agreement under this section. (8) No later than 10 business days aftereach distribution described in Section 53F-6-411, the state board shall disperse to the program manager an amount equal to the funds appropriated for the Utah Fits All Scholarship Program for the given fiscal year.