reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 420 - Intensive Services Special Education Pilot Program.

Affected by 63I-1-253 on 7/1/2024
Effective 5/5/2021
53F-2-420.
Intensive Services Special Education Pilot Program.
(1) As used in this section:
(a) "Eligible student" means a student:
(i) who has an IEP; and
(ii) for whom the cost of special education services described in the student's IEP exceeds three times the statewide average per-pupil expenditures.
(b) "Intensive Services Special Education Pilot Program" or "program" means the three-year pilot program created in Subsection (2).
(c) "Special education services" means the same as that term is defined in Section 53E-7-201.
(2) There is created a three-year pilot program known as the Intensive Services Special Education Pilot Program to, subject to appropriations from the Legislature, provide funding to an LEA to supplement the other funding for educating an eligible student.
(3) An LEA shall use a distribution under this section to fund special education services for an eligible student.
(4) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing a distribution formula to allocate money appropriated to the state board under this section to LEAs for the program.
Enacted by Chapter 307, 2021 General Session
Technically renumbered to avoid duplication of section number also enacted in HB450, Chapter 310, and HB2, Chapter 439.
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 4 - Related to Basic Program -- Formula Programs › Section 421 - Flexible allocation.

Effective 7/1/2023
53F-2-421.
Flexible allocation.
Subject to appropriations, the state board shall distribute funds in the MSP flexible allocation on a WPU basis resulting in LEAs receiving funding proportional to the number of WPUs the LEA generates under the Basic School Program.
Enacted by Chapter 467, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 5 - Related to Basic Program -- Grant Programs › Section 515 - Federal Impact Aid Program -- Offset for underestimated allocations from the Federal Impact Aid Program.

Effective 7/1/2023
53F-2-515.
Federal Impact Aid Program -- Offset for underestimated allocations from the Federal Impact Aid Program.
(1) In addition to the revenues received from the levy imposed by a local school board and authorized by the Legislature under Section 53F-2-301, the Legislature shall provide an amount equal to the difference between the school district's anticipated receipts under the entitlement for the fiscal year from the Federal Impact Aid Program and the amount the school district actually received from this source for the next preceding fiscal year.
(2) If at the end of a fiscal year the sum of the receipts of a school district from a distribution from the Legislature pursuant to Subsection (1) plus the school district's allocations from the Federal Impact Aid Program for that fiscal year exceeds the amount allocated to the school district from the Federal Impact Aid Program for the next preceding fiscal year, the excess funds are carried into the next succeeding fiscal year and become in that year a part of the school district's contribution to the school district's basic program for operation and maintenance under the state minimum school finance law.
(3) During the next succeeding fiscal year described in Subsection (2), the school district's required tax rate for the basic program shall be reduced so that the yield from the reduced tax rate plus the carryover funds equal the school district's required contribution to the school district's basic program.
(4) For the school district of a local school board that is required to reduce the school district's basic tax rate under this section, the school district shall receive state minimum school program funds as though the reduction in the tax rate had not been made.
Amended by Chapter 7, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 5 - Related to Basic Program -- Grant Programs › Section 519 - Appropriation for school nurses.

Effective 5/14/2019
53F-2-519.
Appropriation for school nurses.
(1) The state board shall distribute money appropriated for school nurses to award grants to school districts and charter schools that:
(a) provide an equal amount of matching funds; and
(b) do not supplant other money used for school nurses.
(2)
(a) A school district or charter school that is awarded a grant under this section shall require each school nurse employed by the school district or charter school to complete two hours of continuing nurse education on the emotional and mental health of students.
(b) The continuing nurse education described in Subsection (2)(a) shall include training on:
(i) the awareness of, screening for, and triaging to appropriate treatment for mental health problems;
(ii) trauma-informed care;
(iii) signs of mental illness;
(iv) alcohol and substance abuse;
(v) response to acute mental health crises; and
(vi) suicide prevention, including information about the 24-hour availability of the SafeUT Crisis Line established under Section 53B-17-1202.
Amended by Chapter 186, 2019 General Session
Amended by Chapter 446, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 5 - Related to Basic Program -- Grant Programs › Section 520 - Rural school transportation reimbursement.

Effective 5/5/2021
53F-2-520.
Rural school transportation reimbursement.
(1) As used in this section:
(a) "Eligible LEA" means a school district or a charter school:
(i) that is located in a county of the fourth, fifth, or sixth class, as defined in Section 17-50-501; and
(ii) in which:
(A) for a fiscal year other than fiscal year 2021 or 2022, at least 65% of the students enrolled in the school district or charter school qualify for free or reduced price lunch; or
(B) for fiscal year 2021 or 2022, at least 65% of the students enrolled in the school district or charter school qualified for free or reduced price lunch in fiscal year 2019.
(b) "Eligible school" means a school:
(i) in an eligible LEA; and
(ii) that the eligible LEA has provided transportation to and from for a regular school day for students for at least five years.
(c) "LEA governing board" means:
(i) the local school board of a school district that is an eligible LEA; or
(ii) the charter school governing board of a charter school that is an eligible LEA.
(2) An LEA governing board may annually submit a request to the state board to receive reimbursement for an expense that:
(a) the LEA governing board incurs transporting a student to or from an eligible school for the regular school day; and
(b) the LEA governing board does not pay using state funding for pupil transportation described in Section 53F-2-402 or 53F-2-403.
(3)
(a) Subject to legislative appropriations, and except as provided in Subsection (3)(b), the state board shall reimburse an LEA governing board for an expense included in a request described in Subsection (2).
(b) If the legislative appropriation for this section is insufficient to fund an expense in a request received under Subsection (2), the state board may reduce an LEA governing board's reimbursement in accordance with the rules described in Subsection (4).
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that establish:
(a) requirements for information an LEA governing board shall include in a reimbursement request described in Subsection (2);
(b) a deadline by which an LEA governing board shall submit a request described in Subsection (2); and
(c) a formula for reducing an LEA governing board's allocation under Subsection (3).
(5) Nothing in this section affects a school district's allocation for pupil transportation under Sections 53F-2-402 and 53F-2-403.
Amended by Chapter 303, 2021 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 5 - Related to Basic Program -- Grant Programs › Section 524 - Teacher bonuses for extra assignments.

Affected by 63I-2-253 on 7/1/2024
Effective 3/24/2022
53F-2-524.
Teacher bonuses for extra assignments.
(1) Subject to legislative appropriations for this purpose, the state board shall provide grants to LEAs to compensate a teacher who accepted an additional work assignment to substitute for another teacher between December 2021, and May 2022.
(2) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish for the grant described in this Subsection (2):
(a) eligibility criteria for a teacher to qualify for a grant up to $100 per additional work assignment;
(b) an application process; and
(c) a distribution formula.
Enacted by Chapter 409, 2022 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 7 - Charter School Funding › Section 701 - Definitions.

Effective 1/24/2018
53F-2-701.
Definitions.
The terms defined in Section 53G-5-102 apply to this part.
Enacted by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 7 - Charter School Funding › Section 702 - Funding for charter schools.

Effective 5/14/2019
53F-2-702.
Funding for charter schools.
(1) Except as described in Section 53F-2-302, a charter school shall receive state funds, as applicable, on the same basis as a school district receives funds.
(2)
(a) As described in Section 53F-2-703, the state board shall distribute charter school levy per pupil revenues to charter schools.
(b) As described in Section 53F-2-704, and subject to future budget constraints, the Legislature shall provide an appropriation for charter schools for each charter school student enrolled on October 1 to supplement the allocation of charter school levy per pupil revenues described in Subsection (2)(a).
(3) Charter schools are eligible to receive federal funds if they meet all applicable federal requirements and comply with relevant federal regulations.
(4) The state board shall distribute funds for charter school students directly to the charter school.
(5)
(a) Notwithstanding Subsection (1), a charter school is not eligible to receive state transportation funding.
(b) The state board shall also adopt rules relating to the transportation of students to and from charter schools, taking into account Sections 53F-2-403 and 53G-6-405.
(c) A charter school governing board may provide transportation through an agreement or contract with the local school board, a private provider, or parents.
(6)
(a)
(i) In accordance with Section 53F-2-705, the State Charter School Board may allocate grants for start-up costs to charter schools from money appropriated for charter school start-up costs.
(ii) The charter school governing board of a charter school that receives money from a grant under Section 53F-2-705 shall use the grant for expenses for planning and implementation of the charter school.
(b) The state board shall coordinate the distribution of federal money appropriated to help fund costs for establishing and maintaining charter schools within the state.
(7)
(a) A charter school may receive, hold, manage and use any devise, bequest, grant, endowment, gift, or donation of any property made to the school for any of the purposes of Title 53G, Chapter 5, Charter Schools, or related provisions.
(b) It is unlawful for any person affiliated with a charter school to demand or request any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated with the charter school as a condition for employment or enrollment at the school or continued attendance at the school.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 7 - Charter School Funding › Section 705 - Grants for charter school start-up costs.

Effective 5/14/2019
53F-2-705.
Grants for charter school start-up costs.
(1)
(a) The State Charter School Board shall use money appropriated for charter school start-up costs to provide grants to charter schools to pay for expenses for the planning and implementation of a charter school.
(b) The State Charter School Board:
(i) may use up to 8% of the money appropriated for charter school start-up costs for financial monitoring of new charter schools and to provide professional development or technical assistance for charter school governing board members and staff of new charter schools; and
(ii) in accordance with rules adopted by the state board, may use up to $200,000 of the money appropriated for charter school start-up costs for a mentoring program for new and existing charter schools.
(2) The amount of a grant for charter school start-up costs shall be based on the authorized enrollment of the charter school.
(3) The state board shall make rules consistent with this section specifying:
(a) procedures for applying for and awarding grants for charter school start-up costs;
(b) permitted uses of grant money; and
(c) requirements for a charter school to submit the following to the State Charter School Board:
(i) a budget for the grant money; and
(ii) a final report on the expenditure of the grant money.
(4) The state board shall make rules establishing a mentoring program for new and existing charter schools.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 7 - Charter School Funding › Section 706 - Small charter school base funding.

Effective 7/1/2023
53F-2-706.
Small charter school base funding.
(1) Subject to legislative appropriation, the state board shall distribute small charter school base funding to charter schools with 2,000 or fewer students in the amount of the greater of $40,000 or $115 per student.
(2) A charter school's eligibility for small charter school base funding is determined by the charter school's student enrollment on October 1 of a given year.
(3) Notwithstanding this section and subject to legislative appropriations, the state board may distribute to charter schools, regardless of size, one-time funding that the Legislature appropriates to mitigate funding losses as described in legislative appropriations.
Amended by Chapter 467, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 3 - State Funding -- Capital Outlay Programs › Part 1 - General Provisions › Section 101 - Title.

Effective 1/24/2018
53F-3-101.
Title.
This chapter is known as "State Funding -- Capital Outlay Programs."
Enacted by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 3 - State Funding -- Capital Outlay Programs › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/8/2018
53F-3-102.
Definitions.
As used in this chapter:
(1) "ADM" or "pupil in average daily membership" is as defined in Section 53F-2-102.
(2) "Base tax effort rate" means the average of:
(a) the highest combined capital levy rate; and
(b) the average combined capital levy rate for the school districts statewide.
(3) "Combined capital levy rate" means a rate that includes the sum of the following property tax levies:
(a)
(i) the debt service levy authorized in Section 11-14-310; and
(ii) the voted capital outlay leeway authorized in Section 53F-8-402; or
(b)
(i) the capital local levy authorized in Section 53F-8-303; and
(ii) the debt service levy authorized in Section 11-14-310.
(4) "Derived net taxable value" means the quotient of:
(a) the total property tax collections from April 1 through the following March 31 for a school district for the calendar year preceding the March 31 date; divided by
(b) the school district's total tax rate for the calendar year preceding the March 31 referenced in Subsection (4)(a).
(5) "Highest combined capital levy rate" means the highest combined capital levy rate imposed by a school district within the state for a fiscal year.
(6) "Property tax base per ADM" means the quotient of:
(a) a school district's derived net taxable value; divided by
(b) the school district's ADM.
(7) "Property tax yield per ADM" means:
(a) the product of:
(i) a school district's derived net taxable value; and
(ii) the base tax effort rate; divided by
(b) the school district's ADM.
(8) "Statewide average property tax base per ADM" means the quotient of:
(a) the sum of all school districts' derived net taxable value; divided by
(b) the sum of all school districts' ADM.
Renumbered and Amended by Chapter 2, 2018 General Session
Amended by Chapter 456, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 3 - State Funding -- Capital Outlay Programs › Part 2 - Capital Outlay Programs › Section 201 - Capital outlay programs -- Use of funds.

Effective 1/24/2018
53F-3-201.
Capital outlay programs -- Use of funds.
A school district may only use the money provided under this chapter for school district capital outlay and debt service purposes.
Renumbered and Amended by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 3 - State Funding -- Capital Outlay Programs › Part 2 - Capital Outlay Programs › Section 203 - Capital Outlay Enrollment Growth Program created -- Distribution formulas -- Allocations.

Effective 5/14/2019
53F-3-203.
Capital Outlay Enrollment Growth Program created -- Distribution formulas -- Allocations.
(1) As used in this section:
(a) "Average annual net enrollment increase" means the quotient of:
(i)
(A) enrollment in the prior fiscal year, based on October 1 enrollment counts; minus
(B) enrollment in the year four years prior, based on October 1 enrollment counts; divided by
(ii) three.
(b) "Eligible district" or "eligible school district" means a school district that:
(i) has an average annual net enrollment increase; and
(ii) has a property tax base per ADM in the year two years prior that is less than two times the statewide average property tax base per ADM in the year two years prior.
(2) There is created the Capital Outlay Enrollment Growth Program to provide capital outlay funding to school districts experiencing net enrollment increases.
(3) For fiscal years beginning on or after July 1, 2008, the state board shall annually allocate appropriated funds to eligible school districts in accordance with Subsection (4).
(4) The state board shall allocate to an eligible school district an amount equal to the product of:
(a) the quotient of:
(i) the eligible school district's average annual net enrollment increase; divided by
(ii) the sum of the average annual net enrollment increase in all eligible school districts; and
(b) the total amount appropriated for the Capital Outlay Enrollment Growth Program in that fiscal year.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 3 - State Funding -- Capital Outlay Programs › Part 2 - Capital Outlay Programs › Section 204 - School Building Revolving Account.

Effective 1/24/2018
53F-3-204.
School Building Revolving Account.
The School Building Revolving Account is created as described in Section 53F-9-206, to provide short-term help to school districts to meet district needs for school building construction and renovation.
Enacted by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 2 - Contracts › Section 201 - State board required to contract for a benchmark assessment system for reading.

Effective 7/1/2020
53F-4-201.
State board required to contract for a benchmark assessment system for reading.
(1)
(a) As described in Section 53E-4-307, the state board shall approve a benchmark assessment for use statewide by school districts and charter schools.
(b) The state board shall contract with one or more educational technology providers, selected through a request for proposals process, for a benchmark assessment system for reading described in Section 53E-4-307 that meets the requirements of this section.
(2) Subject to legislative appropriations, a benchmark assessment system for reading shall be made available to school districts and charter schools that apply to use a benchmark assessment for reading beginning in the 2011-12 school year.
(3) A benchmark assessment system for reading for students described in Subsection (1) shall:
(a) be in a digital format;
(b) include benchmark assessments of reading proficiency to be administered at the beginning, in the middle, and at the end of kindergarten and the grades for which the state board approves the benchmark assessment;
(c) include formative assessments to be administered every two to four weeks for students who are at high risk of not attaining proficiency in reading;
(d) align with the language arts core standards for Utah public schools adopted by the state board; and
(e) include a data analysis component hosted by the provider that:
(i) has the capacity to generate electronic information immediately and produce individualized student progress reports, class summaries, and class groupings for instruction;
(ii) may have the capability of identifying lesson plans that may be used to develop reading skills;
(iii) enables teachers, administrators, and designated supervisors to access reports through a secured password system;
(iv) produces electronic printable reports for parents and administrators; and
(v) has the capability for principals to monitor usage by teachers.
Amended by Chapter 14, 2020 Special Session 5
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 2 - Contracts › Section 202 - College readiness diagnostic tool.

Effective 5/14/2019
53F-4-202.
College readiness diagnostic tool.
(1) The state board shall contract with a provider, selected through a request for proposals process, to provide an online college readiness diagnostic tool that is aligned with the college readiness assessment described in Section 53E-4-305.
(2) An online test preparation program described in Subsection (1):
(a)
(i) shall allow a student to independently access online materials and learn at the student's own pace; and
(ii) may be used to provide classroom and teacher-assisted instruction;
(b) shall provide online study materials, diagnostic exams, drills, and practice tests in an approach that is engaging to high school students;
(c) shall enable electronic reporting of student progress to administrators, teachers, parents, and other facilitators;
(d) shall record a student's progress in an online dashboard that provides diagnostic assessment of the content areas tested and identifies mastery of corresponding skill sets; and
(e) shall provide training and professional development to personnel in school districts and charter schools on how to utilize the online test preparation program and provide teacher-assisted instruction to students.
(3) The state board, school districts, and charter schools shall make the online test preparation program available to a student:
(a) beginning in the 2013-14 school year; and
(b) for at least one full year.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 2 - Contracts › Section 203 - Early interactive reading software -- Independent evaluator.

Effective 7/1/2023
53F-4-203.
Early interactive reading software -- Independent evaluator.
(1) Subject to legislative appropriations, the state board shall distribute funds to public schools based on enrollment for students in kindergarten through grade 3 to purchase personalized interactive reading software.
(2) A public school that receives funds described in Subsection (1) shall use the funds for a student in kindergarten or grade 1, 2, or 3:
(a) for intervention for the student if the student is reading below grade level; or
(b) for advancement beyond grade level for the student if the student is reading at or above grade level.
(3)
(a) On or before August 1 of each year, the state board shall select and contract with an independent evaluator, through a request for proposals process, to act as an independent contractor to evaluate early interactive reading software provided under this section.
(b) The state board shall ensure that a contract with an independent evaluator requires the independent evaluator to:
(i) evaluate a student's learning gains as a result of using early interactive reading software provided under Subsection (1);
(ii) for the evaluation under Subsection (3)(b)(i), use an assessment that is not developed by a provider of early interactive reading software; and
(iii) determine the extent to which a public school uses the early interactive reading software.
(c) The state board and the independent evaluator selected under Subsection (3)(a) shall submit a report on the results of the evaluation in accordance with Section 53E-1-201.
(4) An LEA may acquire an analytical software program that:
(a) monitors, for an individual school, early intervention interactive reading software use and the associated impact on student performance; and
(b) analyzes the information gathered under Subsection (4)(a) to prescribe individual school usage time to maximize the beneficial impact on student performance.
(5) The state board:
(a) may use up to 4% of the appropriation provided under Subsection (1):
(i) to contract with an independent evaluator selected under Subsection (3)(a); and
(ii) for administrative costs associated with this section; and
(b) shall distribute at least 96% of funds under this section to LEAs in accordance with Subsection (1).
(6) Nothing in this section or in Section 53E-4-307 or 53G-11-303 requires a reading software product to demonstrate the statistically significant effect size described in Subsection 53G-11-303(1)(a) in order to be used as an instructional material.
Amended by Chapter 20, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 2 - Contracts › Section 206 - Computer program for students with autism and other special needs.

Effective 5/14/2019
53F-4-206.
Computer program for students with autism and other special needs.
(1) To improve social skills and student achievement for students with autism and other special needs in pre-school through grade 2, the state board shall contract with a provider, selected through a request for proposals process, to provide computer software programs and activity manuals.
(2) In evaluating proposals submitted under Subsection (1), the state board shall:
(a) ensure that the state board's evaluation criteria weighs heavily the proposer's ability and experience to provide computer software programs and activity manuals to improve social skills and student achievement for students with autism and other special needs in pre-school through grade 2;
(b) consider, in evaluating the proposer's ability and experience, any quantitative and evaluative results from field testing, state tests, and other standardized achievement tests;
(c) ensure that the state board's evaluation criteria weighs heavily the proposer's ability to:
(i) collect data from each computer using the computer software, regardless of where the computer is located;
(ii) provide students access to the proposer's program from any computer with internet access;
(iii) enable reporting of student progress to administrators, teachers, parents, and other facilitators; and
(iv) record a student's progress in the computer software; and
(d) consider the extent to which the computer software program uses engaging animation to teach students.
(3) The state board shall provide the computer software programs and activity manuals procured under this section to school districts and charter schools that demonstrate a commitment by the school principal and staff to implement the computer software programs and activity manuals as prescribed by the provider.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 2 - Contracts › Section 208 - State board procurement for school security software.

Effective 5/3/2023
53F-4-208.
State board procurement for school security software.
(1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board shall issue a request for proposals, on or before June 15, 2023, and enter a contract with a private vendor for firearm detection software to detect and alert district personnel and first responders about the presence of visible, unholstered firearms on school property.
(2) The contract described in Subsection (1) shall require the firearm detection software to be:
(a) developed in the United States without the use of any third-party or open-source data;
(b) protected by an awarded patent that includes a training database populated with frames of actual videos of firearms taken in relevant environments across diverse industries;
(c) designated as qualified anti-terrorism technology under the federal SAFETY Act, 6 U.S.C. Sec. 441 et seq.;
(d) designed to integrate with existing security camera infrastructure at school districts;
(e) managed directly by the contracted vendor through a constantly monitored operations center that is staffed by highly trained analysts in order to rapidly communicate possible threats to end users; and
(f) successfully deployed in other states, school districts, and commercial users.
(3) An LEA may enter into the contract described in Subsection (1) for firearm detection software at the LEA's schools.
Enacted by Chapter 383, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 3 - Carson Smith Scholarship Program › Section 301 - Definitions.

Effective 5/14/2019
53F-4-301.
Definitions.
As used in this part:
(1) "Assessment team" means a team consisting of:
(a) the student's parent;
(b) the student's private school classroom teacher;
(c) special education personnel from the student's school district; and
(d) if available, special education personnel from the private school at which the student is enrolled.
(2) "Eligible private school" means a private school that meets the requirements of Section 53F-4-303.
(3) "Local Education Agency" or "LEA" means:
(a) a school district; or
(b) a charter school.
(4) "Preschool" means an education program for a student who:
(a) is age three, four, or five; and
(b) has not entered kindergarten.
(5) "Scholarship student" means a student who receives a scholarship under this part.
(6) "Value of the weighted pupil unit" means the amount established each year in statute 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 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 3 - Carson Smith Scholarship Program › Section 301.5 - Findings and purpose.

Effective 1/24/2018
53F-4-301.5.
Findings and purpose.
The Legislature finds that:
(1) the state system of public education as established and maintained under the state constitution shall be open to all children of the state;
(2) students with disabilities have special needs that merit educational alternatives which will allow students to learn in an appropriate setting and manner;
(3) those needs may include teachers trained in special teaching methods, small class sizes, and special materials, equipment, and classroom environments;
(4) parents are best equipped to make decisions for their children, including the educational setting that will best serve the interests and educational needs of their children;
(5) the establishment of this scholarship program is justified on the basis of funding the special needs of students with disabilities as with other programs similarly funded by the state for people with disabilities;
(6) children, parents, and families are the primary beneficiaries of the scholarship program authorized in this part and any benefit to private schools, sectarian or otherwise, is purely incidental;
(7) the scholarship program authorized in this part is:
(a) enacted for the valid secular purpose of tailoring a student's education to that student's specific needs;
(b) neutral with respect to religion;
(c) provides limited assistance to citizens who are then able to direct their resources to religious and secular schools solely as a result of their genuine and independent private choices; and
(d) in accordance with the best interests of the taxpayers and citizens of the state to encourage educational opportunities; and
(8) nothing in this part shall be construed as a basis for granting vouchers or tuition tax credits for any other students, with or without disabilities.
Renumbered and Amended by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 3 - Carson Smith Scholarship Program › Section 305 - State board to make rules.

Effective 5/12/2020
53F-4-305.
State board to make rules.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules consistent with this part establishing:
(1) the eligibility of students to participate in the scholarship program;
(2) the application process for the scholarship program; and
(3) payment procedures to eligible private schools.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 3 - Carson Smith Scholarship Program › Section 306 - Enforcement and penalties.

Effective 5/14/2019
53F-4-306.
Enforcement and penalties.
(1)
(a) The state board shall require a private school to submit a signed affidavit assuring the private school will comply with the requirements of this part.
(b) If a school fails to submit a signed affidavit within 30 days of receiving notification that the school is an approved private school to receive the Carson Smith Scholarship, the state board may:
(i) deny the private school permission to enroll scholarship students; and
(ii) interrupt disbursement of or withhold scholarship payments.
(2) The state board may investigate complaints and convene administrative hearings for an alleged violation of this part.
(3) Upon a finding that this part was violated, the state board may:
(a) deny a private school permission to enroll scholarship students;
(b) interrupt disbursement of or withhold scholarship payments; or
(c) issue an order for repayment of scholarship payments fraudulently obtained.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 3 - Carson Smith Scholarship Program › Section 307 - Limitation on regulation of private schools.

Effective 1/24/2018
53F-4-307.
Limitation on regulation of private schools.
Nothing in this part grants additional authority to any state agency or LEA to regulate private schools except as expressly set forth in this part.
Renumbered and Amended by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 5 - Statewide Online Education Program › Section 501 - Definitions.

Effective 7/1/2023
53F-4-501.
Definitions.
As used in this part:
(1) "Authorized online course provider" means the entities listed in Subsection 53F-4-504(1).
(2)
(a) "Certified online course provider" means a provider that the state board approves to offer courses through the Statewide Online Education Program.
(b) "Certified online course provider" does not include an entity described in Subsections 53F-4-504(1)(a) through (c).
(3) "Credit" means credit for a high school course, or the equivalent for a middle school course, as determined by the state board.
(4) "Eligible student" means a student:
(a) who intends to take a course for middle school or high school credit; and
(b)
(i) who is enrolled in an LEA in Utah; or
(ii)
(A) who attends a private school or home school; and
(B) whose custodial parent is a resident of Utah.
(5) "High school" means grade 9, 10, 11, or 12.
(6) "Middle school" means, only for purposes of student eligibility to participate in the Statewide Online Education Program, grade 6, 7, or 8.
(7) "Online course" means a course of instruction offered by the Statewide Online Education Program through the use of digital technology, regardless of whether the student participates in the course at home, at school, at another location, or any combination of these.
(8) "Plan for college and career readiness" means the same as that term is defined in Section 53E-2-304.
(9) "Primary LEA of enrollment" means the LEA in which an eligible student is enrolled for courses other than online courses offered through the Statewide Online Education Program.
(10) "Released-time" means a period of time during the regular school day a student is excused from school at the request of the student's parent pursuant to rules of the state board.
Amended by Chapter 226, 2023 General Session
Amended by Chapter 368, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 5 - Statewide Online Education Program › Section 502 - Statewide Online Education Program created -- Designated as program of the public education system -- Purposes.

Effective 5/3/2023
53F-4-502.
Statewide Online Education Program created -- Designated as program of the public education system -- Purposes.
(1) The Statewide Online Education Program is created to enable an eligible student to, through the completion of publicly funded online courses:
(a) earn high school graduation credit; or
(b) earn middle school credit.
(2) Pursuant to Utah Constitution, Article X, Section 2, the Statewide Online Education Program is designated as a program of the public education system.
(3) The purposes of the Statewide Online Education Program are to:
(a) provide a student with access to online learning options regardless of where the student attends school, whether a public, private, or home school;
(b) provide digital learning options for a student regardless of language, residence, family income, or special needs;
(c) provide online learning options to allow a student to acquire the knowledge and technology skills necessary in a digital world;
(d) utilize the power and scalability of technology to customize education so that a student may learn in the student's own style preference and at the student's own pace;
(e) utilize technology to remove the constraints of traditional classroom learning, allowing a student to access learning virtually at any time and in any place and giving the student the flexibility to take advantage of the student's peak learning time;
(f) provide personalized learning, where a student can spend as little or as much time as the student needs to master the material;
(g) provide greater access to self-paced programs enabling a high achieving student to accelerate academically, while a struggling student may have additional time and help to gain competency;
(h) allow a student to customize the student's schedule to better meet the student's academic goals;
(i) provide quality learning options to better prepare a student for post-secondary education and vocational or career opportunities; and
(j) allow a student to have an individualized educational experience.
(4) The program name, "Statewide Online Education Program," shall be used in the dissemination of information on the program.
Amended by Chapter 368, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 5 - Statewide Online Education Program › Section 504 - Authorized online course providers -- Certified online course providers.

Effective 5/3/2023
53F-4-504.
Authorized online course providers -- Certified online course providers.
(1) The following entities are known as an authorized online course provider and may offer online courses to eligible students through the Statewide Online Education Program:
(a) a charter school or district school created exclusively for the purpose of serving students online;
(b) an LEA program, approved by the LEA governing board, that is created exclusively for the purpose of serving students online;
(c) a program of an institution of higher education listed in Section 53B-2-101 that:
(i) offers secondary school level courses; and
(ii) is created exclusively for the purpose of serving students online; and
(d) a certified online course provider.
(2) The state board shall approve an online course provider as a certified online course provider if the online course provider:
(a) complies with the application procedures described in Section 53F-4-514;
(b) meets the standards described in Section 53F-4-514; and
(c) has prior experience offering online courses to secondary students.
(3) The state board may revoke the approval described in Subsection (2) if the state board:
(a) finds that a certified online course provider is not complying with the requirements described in Section 53F-4-514;
(b) provides written notice describing the findings of non-compliance to the certified online course provider;
(c) provides the certified online course provider with at least 60 days to remedy the findings of non-compliance;
(d) reevaluates the findings of non-compliance at least 60 days after the certified online course provider's remedy period described in Subsection (3)(c); and
(e) finds after reevaluation that the certified online course provider has failed to satisfactorily remedy the findings of non-compliance.
Amended by Chapter 368, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 5 - Statewide Online Education Program › Section 506 - Withdrawal from an online course.

Effective 1/24/2018
53F-4-506.
Withdrawal from an online course.
(1) An online course provider shall establish a start date for an online course, including a start date for the second .5 credit of a 1 credit online course.
(2) Except as provided in Subsection (3), a student may withdraw from an online course:
(a) within 20 school calendar days of the start date, if the student enrolls in an online course on or before the start date established pursuant to Subsection (1); or
(b) within 20 school calendar days of enrolling in the online course, if the student enrolls in an online course after the start date established pursuant to Subsection (1).
(3)
(a) A student may withdraw from a 1 credit online course within 20 school calendar days of the start date of the second .5 credit of the online course.
(b) An online course provider shall refund a payment received for the second .5 credit of an online course if a student withdraws from the online course pursuant to Subsection (3)(a).
(c) If a student withdraws from a 1 credit online course as provided in Subsection (3)(a), the online course provider shall receive payment for the student's completion of .5 credit of the 1 credit course in the same manner as an online course provider receives payment for a student's completion of a .5 credit online course as described in Subsection 53F-4-505(4).
Renumbered and Amended by Chapter 2, 2018 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 5 - Statewide Online Education Program › Section 507 - State board to deduct funds and make payments -- Plan for the payment of online courses taken by private and home school students.

Effective 5/3/2023
53F-4-507.
State board to deduct funds and make payments -- Plan for the payment of online courses taken by private and home school students.
(1) Subject to future budget constraints, the Legislature shall adjust the appropriation for the Statewide Online Education Program based on:
(a) the anticipated increase of eligible home school and private school students enrolled in the Statewide Online Education Program; and
(b) the value of the weighted pupil unit.
(2) Notwithstanding Subsection (1) and subject to future budget constraints, the Legislature shall:
(a) consider enrollment projections provided by the authorized online course providers to account for enrollment growth during the appropriations process;
(b) provide a supplemental appropriation to adequately fund the Statewide Online Education Program when the enrollment amount exceeds the projected enrollment amounts provided by the authorized online course providers; and
(c) in the fiscal year beginning July 1, 2025, keep all other appropriations for the Statewide Online Education Program separate from the appropriations described in Section 53F-4-518.
(3)
(a) The state board shall deduct money from funds allocated to the student's primary LEA of enrollment under Chapter 2, State Funding -- Minimum School Program, to pay for online course fees.
(b) Money shall be deducted under Subsection (3)(a) in the amount and at the time an authorized online course provider qualifies to receive payment for an online course provided to a public education student, not to exceed 90 days after qualification, as provided in Subsection 53F-4-505(4).
(c) Beginning July 1, 2023, the state board shall deduct money from funds allocated for course fees for a private school or home school student in the amount and at the time an authorized online course provider qualifies to receive payment for an online course, not to exceed 90 days after qualification.
(4) From money deducted under Subsection (3), the state board shall make payments to the student's authorized online course provider as provided in Section 53F-4-505.
(5) The Legislature shall establish a plan for the payment of online courses taken by a private school or home school student.
Amended by Chapter 368, 2023 General Session
2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 4 - State Funding -- Contracted Initiatives › Part 5 - Statewide Online Education Program › Section 509 - Online course credit hours included in daily membership -- Limitation.

Effective 1/24/2018
53F-4-509.
Online course credit hours included in daily membership -- Limitation.
(1) Subject to Subsection (2), a student's primary LEA of enrollment shall include online course credit hours in calculating daily membership.
(2) A student may not count as more than one FTE, unless the student intends to complete high school graduation requirements, and exit high school, early, in accordance with the student's plan for college and career readiness.
(3) A student who enrolls in an online course may not be counted in membership for a released-time class, if counting the student in membership for a released-time class would result in the student being counted as more than one FTE.
(4) Except as provided in Subsection (5), a student enrolled in an online course may earn no more credits in a year than the number of credits a student may earn in a year by taking a full course load during the regular school day in the student's primary LEA of enrollment.
(5) A student enrolled in an online course may earn more credits in a year than the number of credits a student may earn in a year by taking a full course load during the regular school day in the student's primary LEA of enrollment:
(a) if the student intends to complete high school graduation requirements, and exit high school, early, in accordance with the student's plan for college and career readiness; or
(b) if allowed under local school board or charter school governing board policy.
Renumbered and Amended by Chapter 2, 2018 General Session