(1) A qualifying school or qualifying provider shall:

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Terms Used In Utah Code 53E-7-403

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • program: means the program established in Section 53E-7-402. See Utah Code 53E-7-401
  • Qualifying provider: means :
         (10)(a) an entity that:
              (10)(a)(i) is not a public school and is autonomous and not an agent of the state, in accordance with Section 53E-7-406; and
              (10)(a)(ii) meets the requirement described in Section 53E-7-403; and
         (10)(b) is an eligible service provider approved by the scholarship granting organization in accordance with Section Utah Code 53E-7-401
  • Qualifying school: means a private school that:
         (11)(a) provides kindergarten, elementary, or secondary education;
         (11)(b) is approved by the state board under Section 53E-7-408; and
         (11)(c) meets the requirements described in Section 53E-7-403. See Utah Code 53E-7-401
  • Scholarship: means a grant awarded to an eligible student:
         (13)(a) by a scholarship granting organization out of program donations; and
         (13)(b) for the purpose of paying for a scholarship expense. See Utah Code 53E-7-401
  • Scholarship granting organization: means an organization that is:
         (15)(a) qualified as tax exempt under Section 501(c)(3), Internal Revenue Code; and
         (15)(b) recognized through an agreement with the state board as a scholarship granting organization, as described in Section 53E-7-404. See Utah Code 53E-7-401
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State board: means the State Board of Education. See Utah Code 53E-1-102
     (1)(a) notify a scholarship granting organization of the qualifying school’s or qualifying provider’s intention to participate in the program;
     (1)(b) submit evidence to the scholarship granting organization that the qualifying school has been approved by the state board under Section 53E-7-408; and
     (1)(c) submit a signed affidavit to the scholarship granting organization that the qualifying school or qualifying provider will comply with the requirements of this part.
(2) A qualifying school or qualifying provider shall comply with 42 U.S.C. § 1981, and meet state and local health and safety laws and codes.
(3) Before the beginning of the school year immediately following a school year in which a qualifying school or qualifying provider receives scholarship money equal to or more than $500,000, the qualifying school or qualifying provider shall file with a scholarship granting organization that allocates scholarship money to the qualifying school:

     (3)(a) a surety bond payable to the scholarship granting organization in an amount equal to the aggregate amount of scholarship money expected to be received during the school year; or
     (3)(b) financial information that demonstrates the financial viability of the qualifying school or qualifying provider, as required by the scholarship granting organization.
(4) If a scholarship granting organization determines that a qualifying school or qualifying provider has violated a provision of this part, the scholarship granting organization may interrupt disbursement of or withhold scholarship money from the qualifying school or qualifying provider.
(5)

     (5)(a) If the state board determines that a qualifying school no longer meets the eligibility requirements described in Section 53E-7-408, the state board may withdraw the state board’s approval of the school.
     (5)(b) A private school that does not have the state board’s approval under Section 53E-7-408 may not accept scholarship money under this part.
(6) A qualifying school shall, when administering an annual assessment required under Section 53E-7-408, ensure that the qualifying school uses a norm-referenced assessment.
(7) If a scholarship granting organization determines that a qualifying provider no longer meets the requirements described in Section 53E-7-208.5, the scholarship granting organization may interrupt disbursement of or withhold scholarship money for the qualifying provider.

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